The main legal point established in the judgment is the determination of 'just compensation' under the Motor Vehicles Act, 1988, and the clarification that pensionary benefits, family pension, and other benefits received by the dependents of the deceased should not be deducted from the compensation.

JUDGMENT :

VINOD CHATTERJI KOUL, J.

1. Impugned in this Appeal is Award dated 25th July, 2019, passed by Motor Accident Claims Tribunal, Kupwara, (for short “Tribunal”) on a Claim petition bearing File No. 04/2016 titled Jawahira Begum vs. United India Insurance and others, directing appellant Insurance Company to pay compensation in the amount of Rs. 32,43,212/- along with 7.5% interest per annum from the date of institution of claim till realization, on the grounds made mention of therein.

2. A claim petition, as is discernible from perusal of the file, was filed by respondents 1 to 3 before the Tribunal on 19.05.2016, averring therein that deceased Parvaiz Ahmad Wani aged 32 years, died in an accident, which took place on 12.02.2016 at Drugmulla, due to rash and negligent driving of driver of offending vehicle, TATA Sumo bearing Registration No. JK-05/5713, which was insured with appellant Insurance Company, Claimants/Respondents 1 to 3 sought compensation to the tune of Rs. 1,00,000,000/-.

3. Appellant Insurance Company resisted the claim before the Tribunal on the ground that claimants had no cause of action against appellant-Insurance Company because as per police report alleged accident took place due to collusion between the two vehicles, i.e. bearing Registration No. JK-09-5769 (Maruti Car) and No. JK-05- 5713 (TATA Sumo) and that the collusion between two vehicles had taken place due to contributory negligence of both the drivers of aforesaid vehicles.

4. The Tribunal, in view of pleadings of parties, framed following Issues for determination, which are:

(1) Whether on 12.02.2016 a TATA Sumo Bearing Registration No. JK-05-5713, driven by its driver respondent no. 3 rashly and negligently from Kupwara to Drugmulla collided with a Maruti Vehicle 800 Bearing Registration No. JK-09-5759, as a result of which deceased Parvaiz Ahmad Wani who was driving the said Maruti vehicle from Drugmulla to Kupwara sustained critical injuries and succumbed to the same at SMHS Hospital, Srinagar on 29.02.2016? ...OPP

(2) Whether the accident was the result of contributory negligence of both the drivers of TATA Sumo Bearing Registration No. JK-05-5713 and Maruti vehicle 800 Bearing Registration No. JK-09-5759, as such the respondent company cannot be exclusively saddled with liability of compensation in favour of the petitioners? ...OPR-1

(3) Whether respondent/driver of the vehicle TATA Sumo Bearing Registration No. JK-05-5713 was driving the offending vehicle without valid and effective driving license at the time of accident, as such the respondent company cannot be saddled with liability for payment of compensation? ...OPR-1

(4) In case Issue No. 1 is proved in affirmative, to what amount of compensation the petitioners are entitled to and from whom? ...OPP

(5) Relief? ....O.P. Parties.

5. Claimants, in support of their claim petition, produced and examined three witnesses before the Tribunal besides claimants/respondent no. 1. Appellant Insurance Company also produced two witnesses. By impugned Award, the Tribunal found claimants/respondents entitled to receive compensation of Rs. 32,43,212/- along with 7.5% interest per annum.

6. I have heard learned counsel for parties at length. I have perused the record and considered the matter.

7. Learned counsel for appellant Insurance Company has stated that the Tribunal erred in passing impugned Award while calculating the income of deceased as Rs. 31,93,212/- on account of loss of dependency as monthly income of deceased was taken as Rs. 18,608/-. The deceased is said to have been of the age of 32 years at the time of accident, so 30% of the income was added to the income of deceased as future prospects and net salary of deceased taken as Rs. 24,191/- per month and yearly income taken as Rs. 2,90,292/-.

8. It is also contended by learned counsel for appellant Insurance Company that deceased is having three dependents and the Tribunal deducted 1/3rd of income towards deceased personal and living expenses