Accident—Unregistered vehicle—Insurance company liable to pay

Mr. Harinder Singh Sidhu, J.: - CM No.10246-CII of 2016 :

Application is allowed.

For the reasons stated therein, delay of 7 days in filing the appeal is condoned.

2. Main Appeal :

This is an appeal by the Insurance Company (National Insurance Company Ltd) against the Award dated 20.03.2015 in MACT Case No.15 of 2015 of the Motor Accident Claims Tribunal, Ferozepur (for short ‘the Tribunal’) for the death of Karamjit Singh son of Satnam Singh in a vehicular accident.

3. Brief facts of the case are that on 18.01.2015, Karamjit Singh (deceased) along with Veerpal Kaur, Rashpal Kaur, etc. was travelling in Innova Car bearing registration No. DL-4C-AE/4603. The vehicle was being driven by Amarjit Singh and they were going to village Lohian to attend a marriage. At about 9.45 am, when they reached in the area of village Pheroke, the offending car bearing registration No.PB 29 K-T/1516 being driven rashly and negligently by respondent No.3-Hardeep Singh came from the back side at a high speed, without blowing any horn and hit the Innova car. As a result thereof, Amarjit Singh lost control over the Innova car and it rammed into a tree and thereafter turned turtle. Karamjit Singh died at the spot and other passengers also sustained injuries.

4. On the statement of Satnam Singh, FIR No.16 dated 18.01.2015, under Sections 279/304-A IPC was registered at Police Station Zira against respondent No.3-Hardeep Singh, driver of the offending car.

5. 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 30 years and was working as skilled welder at Malkiat Engineering Works, Talwandi Bhai and earning ‘20,000/- per month.

6. Upon notice, respondents No.3 and 4 filed joint written statement, stating that no accident ever took place with the offending vehicle being driven by respondent No.3- Hardeep Singh. Appellant – insurer filed separate written statement and pleaded collusion.

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

“1. Whether Karamjit Singh son of Satnam Singh had died on account of injuries sustained by him in a motor vehicular accident which took place on 18.01.2015, at about 9.45 AM, near Government Godown, in the area of village Pheroke, due to rash and negligent driving of car bearing registration No.PB 29 K-T/1526 by respondent No.1? OPP

2. Whether the claimants are entitled to the compensation, if so to what extent and from whom? OPA

3. Whether the petition is not maintainable? OPR

4. Whether the respondent No.1 was not having valid and effective driving licence at the time of accident? OPR-3

5. Relief.”

7. 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 vehicle No.PB 29 K-T/1516 by respondent- Hardeep Singh. In the absence of proof of income of the deceased, the Tribunal assessed his income at Rs.9000/- per month, enhanced it by 50% towards future prospects and then considering the number of dependants (2) deducted 1/3rd towards personal and living expenses of the deceased. So dependency of the claimants comes to Rs.9000/- per month and the annual dependency of the claimants comes to Rs.9000 x 12= 1,08,000/-. It applied the multiplier of 16 and total loss of income was assessed at Rs.17,28,000/-. Besides, Rs.1,00,000/- for loss of consortium and Rs.25,000/- for funeral expenses were also awarded. In all, compensation of Rs.18,53,000/- along with interest was awarded.

8. Challenging the impugned award, the sole argument raised on behalf of the appellant – insurer is that on the date of accident, the offending vehicle was not registered with the Registration Authority as the temporary registration made at the time of purchase of the vehicle had expired after one month of its issue. It is stated that the vehicle was purchased on 07.11.2014 and it was required to be got permanently registered within one month, but it was so done onl