IMPORTANT POINT : Quantum of compensation must be just and proper.

JUDGMENT :

1. Both these appeals are directed against award dated 25.08.2009, passed by the Motor Accidents Claims Tribunal, Jammu (hereinafter referred to as the ‘Tribunal’), in claim petition titled ‘Smt. Suman Devi and others vs. Sh. Ashok Kumar’ in file No. 554/Claim and ‘Raj Kumari and others vs. Ashok Kumar and others’, in file No. 161/Claim directing the respondent No. 3-Insurance Company to pay a compensation of Rs. 6,88,440/- and 3,87,740/-. The appellants seek enhancement of the award in both these appeals.

2. Learned counsel for both the parties submits that since the appeals are only on quantum of compensation, the same may be heard finally, as record is not required for its consideration. With the consent of learned counsel for the parties, the matter is taken up for final consideration.

CIMA No.522/2009

3. These appeals have arisen out of the same vehicular accident resulting in death of Madan Pal and Sagar Singh Manhas, as such, the claim petition filed by the appellants (hereinafter referred to as ‘claimants’) were considered and decided by a common award. The claimants in both the petitions seek enhancement of the compensation in these appeals.

4. The claimants filed the claim petitions before the Tribunal, averring that on 8.11.1997, Constable Madan Pal along with Sagar Singh Manhas died in a road accident while they were travelling from Srinagar to Jammu in a Bus, bearing registration No. JKS-9617. The vehicle when it reached near Zia about 3 kilometers short of Jawahar Tunnel, skidded off the road and it rolled down into a Nallah. This accident resulted in multiple injuries to Sagar Singh Manhas and Madan Pal, who later succumbed to their injuries and died. It was stated that the accident occurred due to the rash and negligent driving of respondent No. 1 (driver), who was driving the said vehicle which was insured with the respondent-Insurance Company. The claimants in both the petitions claimed a sum of Rs. 4,50,000/- each.

5. The claim petitions were resisted only by the respondent-Insurance Company on the ground that the driver of the offending vehicle did not have a valid and effective driving license. During the pendency of the claim petition, father of the deceased-Madan Pal, in claim petition No. 554/Claim died and was later deleted from the array of petitioners before the Tribunal.

6. The Tribunal on the pleading of the parties framed the following issues for determination in both the claim petitions;

“(i) Whether an accident occurred on 18-11-1997 at Jawahar Tunnel Jammu-Srinagar NHW 1A by rash and negligently driving of offending Bus No.JKS-9617 in the hands of erring driver in which deceased Sagar Singh Manhas and Madan Pal received fatal injuries?

(ii) If issue No.1 is proved in affirmative whether petitioners of both the petitions are entitled to the compensation; if so to what amount and from whom? OPP

(iii) Whether driver of offending bus at the time accident was not holding valid and effective driving license and terms and conditions of insurance policy have been violated? OPR-3

(iv) Whether claim petition is not properly verified if so how? OPR-3

(v) Whether claim petition is time barred, if so how? OPR-3

(vi) Relief. O.P. Parties”

7. The claimants besides themselves produced the evidence of witnesses Suram Singh and Prem Narian, whereas the respondent-Insurance Company, despite opportunity did not produce any evidence in rebuttal.

8. In CIMA No. 522/2009, titled ‘Smt. Suman Devi and others vs. Ashok Kumar and others’, the Tribunal after considering all the evidence found that on the death of Madan Pal, the claimants were entitled to receive compensation of Rs. 6,88,440/- with an interest @ 7.5% per annum, from the date of filing of the claim petition till its liquidation. In terms of the award, a sum of Rs. 1,00,000/- each was directed to be paid to petitioner Nos. 2 and 4, son