An insurance company is liable to pay compensation for a motor vehicle accident even if the number of the vehicle is not mentioned in the F.I.R., provided that there is sufficient evidence to connect the vehicle with the accident.

JUDGMENT :

K.C. Jagadeb Roy, J. - The Insurance Company with whom the alleged offending vehicle was insured, was the respondent No. 2 before the Claims Tribunal in M.A.C. No. 23 of 1986 in the Court of the Member, Second Motor Accident Claims Tribunal, Berhampur who being aggrieved by the order of the Tribunal dated 24.4.87 has preferred this miscellaneous appeal.

2. The case of the claimant before the M.A.C.T. was that on 14.2.86 at about 7.45 p.m. while her husband Trinath Pella of village Kumarbegpalli was standing near Bir Hanuman Temple, a truck bearing registration No. ORG 9709 which was coming from the direction of Chhatrapur being driven rashly and negligently, had run over her husband as a result of which her husband died instantaneously at the spot. According to the claimant the deceased who was serving as a watchman and earning a salary of Rs. 900/- per month, was of 35 years of age and was in a good health at the time of his death. He was survived by his widow (claimant), two minor children and his old mother. A sum of Rs. 1,00,000/- was claimed as compensation from the respondent. Respondent No. 1 before the Tribunal is the owner of the vehicle and respondent No. 1 is the insurer.

3. The claimant had examined two witnesses, P.W. 1 being a co-villager of the deceased and an eye witness to the incident who had lodged the F.I.R. before police s and per Ext-2 and herself as P.W. 2. Nobody was examined on behalf of the respondents. Before the Tribunal, P.W. 1 who was an eye-witness to the occurrence, has deposed that on 14.2.86 at 7.45 p.m. near Kumarbegpalli Hanuman Mandir Chhaka the incident took place on the road while he was standing 15 cubits away from the place of incident. The deceased was returning from Chhatrapur side to his village by a bi-cycle and took a turn to his right to take the road to his village, when the offending vehicle ORG 9709 coming from Chhatrapur side with a terrific speed without blowing the horn dashed against the deceased inspite of applying the sudden brake. He (P.W. 1) asked the driver to stop the vehicle but the driver put off the head lights and went away with speed. According to him the deceased was about 35 years of age and was in health at the time of his death. He was working as a night watchman and was getting about Rs. 900/- per month and was survived by his widow, two minor children and his mother. In the cross-examination nothing was brought out to disbelieve the testimony of this witness. According to the Tribunal the statement of this witness gets corroboration from the F.I.R.-Ext. 2 wherein he had stated that the vehicle of the Reddy doctor case with a terrific speed and dashed against the watchman of Chattrapur N.A.C. and after the incident the and truck left the spot with a high speed. The claimant as P.W. 2 corroborated the statement of P.W. 1 in most material particulars. She had further stated in her evidence that out of the income of her husband, her husband was paying Rs. 550A per month to her towards household expenses and the rest amount was spent by him. At the time of giving her evidence, their two children were about 4 and 5 years of age and the mother of the deceased was about 60 years. In support of the age of the husband, she had filed Ext. 5.

4. The Tribunal was satisfied that the death was due to rash and negligent driving by the driver of the truck ORG9709, and that the total income of the deceased was Rs. 671/- per month out of which deducting 1/3rd towards the personal expenditure of the deceased, the total amount which come to the hands of the wife for the maintenance of the family was Rs. 5,368/- per annum, Applying a multiplier of 17 years considering the age of the deceased the Tribunal directed the present appellant to pay Rs. 91,256/- to the claimant, her minor children and the old mother of the deceased with 6% interest per annum from the date of application i.e. 4.2.86 till realisation with the consolidated cost of Rs. 400/-. It was further directed