The court upheld the MACT's compensation award, affirming the validity of the driver's license and the appropriateness of the compensation calculation based on the deceased's income and dependents.

JUDGEMENT

1. Heard learned counsel for the parties.

2. A motor vehicle accident resulted in death of one Tripta Devi leaving behind her husband and two minor children (sons). A claim petition filed before Motor Accidents Claim Tribunal (in short “MACT”), Jammu for compensation resulted in passing of an award dated 04.03.2013 against which the insurer i.e. Oriental Insurance Company (OIC) Ltd., has come up in present appeal under section 173 of the Motor Vehicles Act, 1973.

3. The respondent Nos. 1 to 3 herein were the claimants in the claim petition. The accident took place on 03.12.2009 when an offending vehicle (Bus) bearing registration No. JK02X-8627 owned by the respondent No. 5-Madan Lal and driven by the respondent No. 6-Sham Lal came to hit Tripta Devi, who was pedestrian knocking her down and leaving her dead.

4. The offending vehicle (bus) was insured by the appellant–insurance company and the offending vehicle was carrying an insurance cover at the relevant point of time. The claim petition resulted in the generation of the following issues:-

(1) Whether an accident occurred on 03.12.2009 near Nonath Temple under jurisdiction of P/S, Samba by the rash and negligent driving of offending vehicle No. JK02X-8627 in the hands of erring driver as a result of which deceased Smt. Tripta Devi suffered fatal injuries? OPP

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

(3) Whether at the time of the accident the driver of the offending vehicle was not holding valid and effective DL and drove the vehicle in violation of terms and conditions of the insurance policy? OPR-1

(4) Relief. O.P. Parties.

5. The MACT, Jammu came to hold that the accident took place on 03.12.2009 caused by the offending vehicle and by rash and negligent act of driving on the part of the respondent No. 6–Sham Lal.

6. The MACT, Jammu came to carry out a compensation assessment payable in favour of respondent Nos. 1 to 3 by reckoning the monthly salary of the deceased-Tripta Devi to be Rs. 21,611/- as being a Government teacher employed in the Education Department of J&K Govt. and at the relevant point of time serving as a Master with her salary @ Rs. 22000-23000.

7. The MACT, Jammu came to work out the actual salary of the deceased–Tripta Devi to be approximately Rs. 20,983/- calculated after carrying out contributions and deductions attending thereto and considering the age of the deceased being 49 years at the time of her unfortunate death and the future prospects related to the deceased–Tripta Devi also being taken into consideration by adding 30% of her actual salary income of the deceased–Tripta Devi thereby holding and reckoning her actual monthly income to be Rs. 27,278/-.

8. By keeping in view the position of law as settled in cases of “Mrs. Helen C. Rebello & Ors. vs. Maharashtra SRTC & Anr.” [AIR 1998 SC 3104] and “United India Insurance Co. Ltd. vs. Patrica Jean Mahajan” (AIR 2002 SC 2607), the MACT, Jammu came to reckon the husband and the two minor children of the deceased as three dependents and, therefore, subjected the monthly income of the deceased to deduction by 1/3rd formula so as to calculate the loss of dependency to the three claimants/ dependents to be Rs. 2,18,224/- and by applying multiplier of eleven (11) came to work out just compensation payable in favour of the clamant/respondent Nos. 1 to 3 to be Rs. 24,00,000.00/- (twenty four lacs). The other heads of compensation like funeral expenses, loss of estate and loss of consortium with respect to respondent No. 1, the total compensation came to be Rs. 24,25,000.00/- (Rupees Twenty four lacs and twenty five thousand only) and was so awarded in favour of the respondent Nos. 1 to 3 along with interest @ 7.5% from the date of filing of the claim petition (19.05.2010) till the actual realization of the awarded amount.

9. The MACT, Jammu came to hold that the offending vehicle was carrying insurance cover a