Point of Law: Motor accident - Quantum of compensation - Appeal - It must necessarily follow that even major married and earning sons of deceased being legal representatives have a right to apply for compensation

JUDGMENT :

BISWANATH RATH, J.

1. These are two Appeals; MACA No. 848/19 is at the instance of the Claimants for enhancement of the award involved and MACA No. 458/20 is at the instance of the Insurance Company challenging the quantum of compensation.

2. Background involving the case is that while the deceased was proceeding towards Purusottampur Market on the left side of the road by riding his bicycle at that time, the offending vehicle came from the side of Bhubaneswar towards Purusottampur at a breakneck speed driven in a rash and negligent manner suddenly dashed against the deceased from his back side resulting the deceased fell down on the road sustaining severe bleeding injury. He was immediately shifted to the Government Hospital, Nayagarh where he succumbed to his injuries. On the premises the deceased was 69 years of age and was getting pension at Rs. 10,333/- per month, as he was working as a Jeep Driver in the Office of Executive Engineer (Agriculture CAD Division) at Malkanagiri, the Claimant-Wife and the son of the deceased filing the claim application claimed appropriate compensation.

3. On their appearance, the Owner filed Written Statement stating that there was no cause of action for the Claimants to file the claim case and the vehicle in question was since duly insured by the Insurance Company, for the Driver in possession of valid and effective driving licence, the Owner claimed that he was not liable to pay compensation, as it becomes the responsibility of the Insurance Company for the coverage of the insurance policy.

4. The Insurance Company on its appearance filed its objection denying the allegations, inter-alia, contending that the Claimants are to prove their case by filing relevant documents. It further alleged that the offending vehicle was no way connected with the accident. Insurance Company contended that there is no contribution on the part of the Owner or the Insurance Company. A further plea is also taken by the Insurance Company that the Driver of the alleged offending vehicle was not holding a valid and affective driving licence at the time of alleged accident. On the above premises, the Insurance Company claimed that it is not liable to pay compensation, in the worst case it prayed for fixing liability on the Owner.

5. Based on the pleadings of the Parties, the Tribunal framed the following Issues:

“(i) Whether the claim application is maintainable?

(ii) Whether due to rash and/or negligent driving of the driver of the offending vehicle bearing registration no. OR-25-B-4277 the accident took place and in that accident the deceased, Jagannath Padhy succumbed to injuries?

(iii) Whether the petitioners are entitled to get the compensation. If so, what would be the extent?

(iv) Whether both the Opposite Parties or either of them is/are liable to pay the compensation?

(v) To what relief(s), if any, the petitioners are entitled to?”

6. Based on the pleadings and the materials disclosed and submission advanced by the respective parties, the Tribunal ultimately finding the Issues in favour of the Claimants granted compensation of Rs. 4,83,320/- with simple interest @ 6% per annum from the date of filing of the claim application, i.e. 25.4.2016 to be paid within two months. The Tribunal also directed that in the event of failure of payment within two months, the Claimants will be entitled to interest @ 12% per annum after completion of two months from the date of award till the payment is made. The Tribunal in disposal of the Claim Application also adopted the sharing distribution, as recorded therein.

7. The Claimants in MACA No. 848/2019 in an attempt for enhancement of the award pleaded that even though the Tribunal has granted compensation looking to the income and age of the deceased, but however there has been no payment of compensation towards parential consortium to the child involved for losing his father.

8. Similarly the Insurance Company in MACA No. 458/2020 advanced their submission on three grounds.