The court upheld that failure to prove the invalidity of a driver's license imposes compensation liability on the insurer, reiterating principles for calculating dependency and future prospects in wrongful death claims.

JUDGMENT :

Sushil Kukreja, J.

1. Since all these appeals are the offshoot of impugned award dated 01.05.2023, passed by learned Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, District Shimla, H.P. (hereinafter referred to as the learned “Tribunal below”) in MACT Case No. 127 of 2016, they are being taken up together for disposal.

2. The appeal (FAO No. 141 of 2023) is maintained by the appellant/United India Insurance Company Limited (hereinafter referred to as “the Insurance Company”), under Section 173 of the MOTOR VEHICLES ACT , 1988 (for short “the Act”), against award dated 01.05.2023, passed by the learned Tribunal Below, in a claim petition filed by the petitioner/claimants (hereinafter referred to as “the claimants”) under Section 166 of the Act, which was allowed and the claimants were held entitled for compensation of Rs.16,64,200/-, with a prayer to exonerate the appellant-Insurance Company from the liability to bear the amount of compensation, interest etc. by quashing and setting aside the impugned award.

3. Appeals, i.e., FAO No. 166 of 2023 and FAO No. 277 of 2023, have been filed by Shah Nawaj and Dalip Kumar (since deceased through LRs), who were driver and owner of the offending vehicle, i.e., HP50-0642, respectively, under Section 173 of the Act, with a prayer to quash and set-aside the impugned award to the extent of recovery of the compensation amount from them.

4. Succinctly, the facts giving rise to the present appeal are that the claimants/petitioners maintained a petition under Section 166 of the Act seeking compensation on account of death of Shri Om Prakash (deceased), being his legal representatives. As per the claimants, the deceased died in a motor vehicle accident, which took place on 11.06.2016, at around 10:30 a.m. It has been averred in the claim petition by the claimants that when the deceased was going on foot near Satluj Cafe at Khopari, he was hit by Auto Rickshaw, bearing No. HP-50-0642, which was being driven by Shah Nawaj (appellant in FAO No. 166 of 2023), and he sustained multiple head injuries, as a result of which he died at PGI, Chandigarh, while he was under treatment. As per the claimants, the accident occurred due to the rash and negligent driving of the driver of the offending vehicle, as he was driving the vehicle on wrong side of the road that too in a rash and negligent manner. It was further averred that the deceased was self-employed, as a Private Contractor of RCC buildings etc. and he also used to manage the entire domestic affairs of the family. He was the only bread winner of the family and the entire family was dependent upon him. As per the claimants, the deceased was earning Rs.40,000/50,000.00 per month from contractor ship and Rs.1,00,000/- per annum from agricultural and horticulture.

5. The owner of the offending vehicle, i.e. late Shri Dalip Kumar, who was respondent No. 1 before the learned Tribunal below, by filing reply to the petition, contested the petition, wherein he averred that there was no fault of respondent No. 2- Shah Nawaj @ Kaku (driver of the offending vehicle), as there was a stationary vehicle on the road side. The deceased tried to cross the r