HARINDER SINGH SIDHU, J.

CM No.7207-CII of 2016

Civil Misc. Application is allowed.

For the reasons mentioned in the application, delay of 68 days in filing the appeal is condoned.

Main case

1. National Insurance Company Limited has filed the present appeal against the Award dated 13.10.2015 of the Motor Accident Claims Tribunal, Patiala (for short ‘the Tribunal'), whereby, a sum of Rs.7,08,200/- along with interest was ordered to be paid as compensation for the death of Kulwant Singh in a vehicular accident on 6.12.2014.

2. Brief facts of the case are that on the fateful day, Kulwant Singh (deceased) was coming to his house on Hero Honda motorcycle bearing registration No.PB-11-AZ-0977 after performing the Akhand Path Sahib in Gurudwara Patshahi Nauvi Bahadurgarh. He was being followed by his son Paramjit Singh on his Activa scooter. At about 10.15 p.m., when the deceased reached near Chaman Hospital on Seel road, a swift car bearing registration No.PB-65S-3008 being driven rashly and negligently by Suneet Kumar, came from Ghanaur side at a very high speed, without blowing horn and struck against the motorcycle of deceased Kulwant Singh. As a result of the accident, Kulwant Singh received grievous injuries on his head and other parts of his body. On the way to Rajindra Hospital, Patiala, he succumbed to the injuries. FIR No.242 dated 7.12.2014 for offences under section 279, 304-A of the Indian Penal Code was registered in police station Sadar Patiala on the basis of statement of Paramjit Singh.

3. The legal representatives of the deceased filed claim petition under Section 166 of the Motor Vehicles Act, 1988 pleading that the deceased was aged about 50 years, working as Granthi in Gurudwara Patshahi Nauvi, Bahadurgarh and earning Rs.25,000/- per month from that avocation.

4. Upon notice, respondents – driver and owner of the offending vehicle filed joint written statement, pleading that no accident had been caused by their swift car, rather the accident had taken place with a rehri on which a person was selling ground nuts. The appellant-insurer filed separate written statement objecting to the claim petition on the ground that the driver of the offending car was not holding a valid driving license.

5. Pleadings of the parties led to the framing of following issues:-

“1. Whether Kulwant Singh son of Kartar Singh had suffered injuries in motor vehicular accident which took place on 6.12.2014 at about 10.15 p.m. on seal road, Bahadurgarh due to rash and negligent driving of swift car bearing registration No.PB-65-S-3008 by respondent No.1 Suneet Kumar to which he succumbed? OPP

2. Whether the claimants are entitled to recover any amount of compensation, if so to what amount and from whom? OPP

3. Whether respondent No.1 was not having a valid and effective driving licence at the time of accident, if so its effect? OPR-8

4. Whether the terms and conditions of the insurance policy were violated, if so its effect? OPR-8

5. Relief.”

6. Issue No.1 was decided in favour of the claimants and it was held that the accident had taken place due to rash and negligent driving of swift car bearing No.PB-65-S-3008 by respondent Suneet Kumar. In the absence of proof of income of the deceased, the Tribunal assessed his income at Rs.8100/- per month and then considering the number of dependants (2) deducted 1/3rd towards his personal and living expenses After applying the multiplier of 9, total loss of dependency was assessed at Rs.5,83,200/- (5400x12x9). Besides, Rs.1,00,000/- for ‘loss of love and affection' and Rs.25,000/- for ‘funeral expenses' were also awarded.

7. Challenging the Award, Ld. Counsel for the appellant-insurer has contended that the claimants are the major and married sons of the deceased and thus, they could not be treated as dependants on the income of the deceased. Consequently, they are not entitled to any compensation on account of loss of dependency. Reliance has been placed on two decisions of this Court in Kashmir Kumar and