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2021 Supreme(HP) 9

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA, J.
The New India Assurance Co. Ltd. - Appellant
Versus
Chanan Singh and Ors - Respondents
FAO (MVA) No. 458 of 2018
Decided on : 17-03-2021

Advocate Appeared:
For the Appellant :Mr. Praneet Gupta, Advocate.
For the Respondents:Mr. Romesh Verma, Advocate, Mr. Sudhir Bhatnagar and Mr. Arvind Sharma, Additional Advocates General with Mr. Kunal Thakur, Deputy Advocate General, Mr. H.C. Chandel, Advocate, Mr. I.S. Chandel, Advocate.

Headnote:

Motor Vehicles Act, 1988 - Section 173 and 166 – Indian Penal Code,1860 - Sections 279, 337 and 304A – Criminal Procedure Code,1973 – Section 80 - Prayed for compensation - Accident - Whether Nirmala Dulta died in motor vehicle accident which tookplace on place Nala Rampur on account of rash and negligent driving of respondent - Whether petitioners are entitled for compensation, if so, then should be the quantum? OPP - Whether petition is not maintainable, as alleged - Whether petition is bad for non-joinder of necessary parties, as alleged? OPR - Whether vehicle was being driven in contravention of terms and conditions of the insurance policy, as alleged OPR - Whether driver was not possessing valid and effective driving license, as alleged OP - Whether petitioner was travelling in the alleged vehicle as unauthorized gratuitous passenger, as alleged - Whether the petitioners are stopped from filing present suit on account of their own acts, deeds, conduct and acquiescence, as alleged - Whether vehicle was being driven in contravention of provision of M.V. Act, as alleged? OPR - Whether the petition is bad for compliance of Section - Claimants by way of claim petition filed under Section 166 of Act prayed for compensation to tune - Respondent-claimant and mother of respondents-claimants No. 2 and 3, who was employed as Watershed Participatory Development Facilitator in department of Forests - Nirmala was deputed camper bearing registration carry apple plants, machinery, vegetables, seeds and other articles for distribution - Claimants claimed before Tribunal below time of the alleged incident, deceased was drawing consolidated salary month from the office of– Held, Three-Judge Bench in United India Insurance Company has categorically laid down that apart from spousal consortium, parental and filial consortium is payable - Feel ourselves bound – Court found the impugned judgments of the High Court awarding consortium to each of claimants in accordance with law which does not warrant any interference in this appeal – Court however, accept the submissions of learned counsel for the appellant there is no justification for award of compensation under separate head ‘loss of love and affection - Appeal is partly allowed - Present Appeal is disposed of - Ordered Accordingly

JUDGMENT :

SANDEEP SHARMA, J.

1. By way of instant appeal filed under Section 173 of Motor Vehicles Act, 1988 (in short “the Act”), challenge has been laid to award dated 31.3.2017, passed by the learned Motor Accident Claims Tribunal- (IV), Shimla, H.P. (in short “the Tribunal”) in MAC Petition RBT No. 84-S/2 of 2014, whereby the Tribunal below while allowing claim petition having been filed by the respondents-claimants (hereinafter referred to as “the claimants”) under Section 166 of the Act, saddled the appellant- Insurance Company with liability to pay compensation to the tune of Rs. 15,29,000/- to the claimants.

2. Briefly stated facts, as emerge from the record are that claimants by way of claim petition filed under Section 166 of the Act prayed for compensation to the tune of Rs. 30,00,000/- on account of death of late Smt. Nirmala Dulta i.e. wife of respondent-claimant No.1 and mother of respondents-claimants No. 2 and 3, who was employed as Watershed Participatory Development Facilitator in the department of Forests, Government of Himachal Pradesh. On 6.2.2014, deceased Nirmala was deputed from Rampur Bushahr to Rohru in a camper bearing registration No. HP-06A-4373 to carry apple plants, machinery, vegetables, seeds and other articles for distribution in various panchayats of Tehsil Rohru and Chirgaon and she was entrusted the duty to carry goods for distribution, but unfortunately, at 3:40 pm, aforesaid vehicle rolled down the road on account of rash and negligent driving of the vehicle being driven by respondent No.7, as a consequence of which, Smt. Nirmala Dulta suffered serious injuries and expired on the spot. An FIR was registered qua the aforesaid incident at PS Rampur Bushahr on 7.2.2014, under Sections 279, 337 and 304A of IPC. Claimants claimed before the Tribunal below that at the time of the alleged incident, deceased Smt. Nirmala Dulta was drawing consolidated salary of Rs. 10,400/- per month from the office of respondents No. 4 and 5 and she was likely to be regularized after completion of three years’ continuous service. Claimant also claimed that since deceased, who at the time of the accident was 50 years old, was well educated lady, she would have got further promotions for sure during her service career. Claimants being husband and sons of deceased Smt. Nirmala Dulta demanded compensation to the tune of Rs. 30,00,000/- on account of their having suffered mental agony, pain and suffering.

3. Aforesaid claim put forth by the claimants came to be resisted by respondents No. 4 and 5 herein, who in their reply admitted that at the time of the incident, deceased Smt. Nirmala Dulta was working as Waatershed Participatory Development Facilitator in the Watershed Development Coordinator Unit at Rohru under Development Division, Rampur Bushahr on contract basis. Aforesaid respondents further admitted that deceased had worked in IWDP Kandi Project at Parwanoo Unit w.e.f. 2001 to 2005. They also submitted in their reply that keeping in view the decision of the executive committee meeting, service of the deceased employee was continued w.e.f. 1.2.2006 in H.P. Mid Himalayan Watershed Development Facilitator and she was posted in Divisional Watershed Development Officer, Rampur Bushahr. Aforesaid respondents also admitted that deceased was getting consolidated salary of Rs. 10,400/-per month, but denied that on the date of the alleged incident, deceased Nirmala Dulta, was deputed from Rampur Bushahr to Rohru in the vehicle in question to carry apple plants, machinery, vegetable seeds and other articles for distribution in various panchayats of Rohru. Aforesaid respondents submitted in their reply that the journey of the deceased in the vehicle in question was at her own risk without the knowledge of the project authorities.

4. Appellant-Insurance Company in its reply opposed the claim of the petitioner on the gr

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