IMPORTANT POINT
The court established that in motor accident claims, the assessment of compensation must include future prospects and that the insurer remains liable for compensation unless it can be proven that the owner knowingly employed an unqualified driver.

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

Heard learned counsel for the parties.

2. Both aforesaid miscellaneous appeals are arising out of the common award dated 31.10.2017 passed by learned Presiding Officer, Motor Accident Claim Tribunal, Ranchi in Motor Accident Claim case No. 158 of 2014, as such both are taken together for hearing and adjudication.

3. The appellants of Miscellaneous Appeal i.e. M.A. No.52 of 2018 happens to be claimants before the learned Tribunal who have challenged the impugned award for enhancement of compensation amount in view of the facts that 40% of monthly income of the deceased has not been added to the future prospect while computing the compensation amount.

4. Miscellaneous Appeal No.83 of 2018 has been filed by the Future Generali India Insurance Company Limited (Insurer of offending vehicle bearing Registration No.RJ-04GA-4500 especially on the following grounds:

(i) There was head on collision between two vehicles in this case and the deceased was also driving rashly and negligently his swift car bearing Reg. No. BR-01AL-0238, therefore, the case comes within the ambit of judgment of Hon’ble Apex Court in the case of T.O. Anthony Vs. Karvarnan and Ors. reported in (2008) 3 SCC 748.

(ii) admittedly, the deceased was unemployed on the date of accident hence, taking into account the earlier income of the deceased from another job has wrongly been taken into account by the learned Tribunal fixing the income of the deceased of Rs.8,76,964/-

(iii) Charge of interest @ 9 % is exorbitant.

(iv) The D.L. of drier of offending vehicle has been proved to be fake and never issued, hence, insurance company is absolutely absolved from liability to indemnify the insured.

FACTUAL MATRIX

5. Factual matrix of the case is that on 23.07.2012, the deceased namely Rajesh Kumar Sharma proceeded from his house at Ranchi to go to Purnea (Bihar) by his Maruti Swift car bearing Reg. No. BR-01AL-0238 and reached near Magahar village under Barachatti police station limits in Gaya District of Bihar at about 11:30 pm, meanwhile a truck bearing Reg. No. RJ-04GA-4500 being driven very rashly and negligently by its driver dashed into the said swift car resulting in death of Rajesh Kumar Sharma. In this regard, Barachatti P.S. Case No.338 of 2012 dated 24.07.2012 was registered for the offence under Sections 279, 304A and 427 of the Indian Penal Code against unknown driver of the said truck bearing Reg. No.RJ-04GA-4500. After conclusion of the investigation, charge-sheet was submitted against one Dilsad Khan, the driver of the offending vehicle for the aforesaid offence (Ext-2). The post-mortem of the dead body of the deceased was conducted at A.N. Medical College, Gaya and the post-mortem report was submitted on 24.07.2012 (Ext.-3). The offending vehicle bearing Reg. No.RJ-04GA-4500 was insured with O.P. No.2 under policy no.2012-V1731154-FCV w.e.f 30.03.2012 to midnight of 29.03.2013. The wife, sons and mother of the deceased have filed the above claim case under section 166 of M.V. Act, 1988 stating inter alia that the age of the deceased was 39 years and he was earning about Rs.67,000/-per month from his salary as he was highly educated person having M.B.A. decree and working in different companies since 2001. On the date of accident also the deceased was going to join his new post as Branch Manager in G.P.S. Financial Services, Purnea (a certified corporate agent of SBI Life Insurance) with a handsome salary approx of Rs.8 lakhs per annum. The deceased was only earning member of his family and the claimants have lost monetary support and guardianship and the children became orphan.

6. In spite of valid service of summons, the owner of the offending truck bearing Reg. No.RJ-04GA-4500 namely Hanuman Ram Bishnoi did not turn up before the learned Tribunal and the case was proceeded for ex-party hearing vide order dated 19.05.2015. N