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2015 Supreme(P&H) 2295
IN THE HIGH COURT OF PUNJAB AND HARYANA
RITU BAHRI, J.
National Insurance Company Limited – Appellant
Vs.
Jashanjeet Singh and Others – Respondents
FAO No. 5701 of 2015
Decided On : 22-12-2015
For the Appellant : Sandeep Suri
For the Respondent: Ashwani Arora
The main legal point established in the judgment is the interpretation of the term 'legal representative' under Section 166 of the Motor Vehicles Act, 1988, and the assessment of compensation based on dependency and loss to the estate.
Headnote:
Motor Accident - Compensation - Motor Vehicles Act, 1988, Section 166 - The court discussed the application for compensation under Section 166 of the Motor Vehicles Act, 1988, and the interpretation of the term 'legal representative' in the context of claiming compensation for the death of a person in a motor vehicle accident.
Fact of the Case:
The appeal was filed by National Insurance Company Limited against the award passed by Motor Accident Claims Tribunal, Chandigarh, in favor of the claimants-respondents for the death of Shamsher Singh Rana in a motor vehicular accident. The deceased was in a car that was struck by another car driven in a rash and negligent manner, resulting in serious injuries and death.
Finding of the Court:
The Tribunal found that the accident occurred due to the rash and negligent driving by the respondent No.1 and awarded compensation to the claimants-respondents. The court dismissed the appeal filed by the appellant, National Insurance Company Limited, based on the interpretation of the term 'legal representative' and the assessment of compensation.
Issues: The main issue before the court was whether the claimant-appellant, who was the son of the deceased and not dependent upon his father, was entitled to compensation.
Ratio Decidendi: The court applied the interpretation of the term 'legal representative' in the context of claiming compensation for the death of a person in a motor vehicle accident and considered the assessment of compensation based on dependency and loss to the estate.
Final Decision: The appeal filed by the appellant, National Insurance Company Limited, was dismissed, and the cross-objection seeking enhancement of compensation was not upheld.
Ritu Bahri J.
This is an appeal filed by National Insurance Company Limited, against the award dated 03.04.2015, passed by Motor Accident Claims Tribunal, Chandigarh, vide which the claim petition was accepted and a sum of Rs. 16,37,295/- was allowed, on account of death of Shamsher Singh Rana, in a motor vehicular accident, which took place on 11.11.2012.
FACTS NOT IN DISPUTE
2. On 11.11.2012, at about 02:50 p.m., Shamsher Singh Rana (since deceased) was coming from Ludhiana to Panchkula via Duraha and Neelon, while sitting in Alto car bearing No. PB-65-F-2597, which was being driven by Satwinder Singh, at slow speed on left side of the road. Smt. Harminder Kaur was another occupant of the said car. They were being followed by Pardeep Singh and Harshpreet Singh in a separate car. When they reached near village Kubbe, Police Station Samrala, at that time, a Scorpio car bearing registration No. CH-01-AN-8284, came at a fast speed from the opposite direction on wrong side of the road and it struck against the said Alto car. The Scorpio car was being driven at a fast speed in a rash and negligent manner by respondent No.1-Jasvinder Singh. Due to the said accident, they all received serious injuries. Satwinder Singh died on the spot, whereas, Shamsher Singh Rana and Smt. Harminder Kaur were taken to Civil Hospital, Samrala and from there they were taken to Apollo Hospital, Ludhiana, where they both died.
3. In this regard, FIR No. 226 dated 11.11.2012, under Sections 279, 304-A and 427 IPC, in respect of the accident in question was got registered at Police Station Samrala, District Khanna, at the instance of Pardeep Singh son of Mohinder Singh.
4. Consequently, the claimants-respondents filed a claim petition before the Tribunal.
COMPENSATION ASSESSED BY THE MACT
5. Before the Tribunal, Pardeep Singh (eye-witness) appeared as PW-2 and tendered his affidavit Ex.PW-2/A, to prove the accident in question. Ultimately on the basis of the evidence led by the parties, the Tribunal has came to the conclusion that the accident in question was occurred due to the rash and negligent driving by respondent No.1 and the Tribunal has rightly returned the finding on Issue No.1 in favour of the claimants-respondents.
6. The claim petition was partly accepted by the Tribunal and a sum of Rs. 16,37,295/- was awarded as compensation on account of death of Shamsher Singh Rana along with future interest at the rate of 7.5% per annum from the date of filing of the petition till its realization.
7. PW-4-Vinod Kumar has deposed that after retirement from the Punjab and Haryana High Court, Chandigarh as Reader on 31.08.2005, the deceased-Shamsher Singh Rana, was reemployed as Deputy Administrative Officer (Central Recruitment Agency) on ad-hoc basis w.e.f. 12.10.2011 for a period of one year on remuneration of Rs. 17,000/- per month (fixed). After completion of that period, he was again re-employed w.e.f. 15.10.2012 to 14.10.2013 at a fixed remuneration of Rs. 16,653/- per month. PW-5-Ms. Ritu Ahuja has deposed that after attaining the age of superannuation, his pension (basic) was Rs. 11,175/- excluding D.A. and medical, which is paid and fixed by the concerned bank, in which the pension is credited.
8. PW-1-Ramesh Kumar, Tax Assistant, Ward 5(4), Chandigarh, has brought the record pertaining to Income-tax returns of the deceased-Shamsher Singh Rana, for the assessment years 2010-11, 2011-12 and 2012-13 and he proved the copies thereof as Ex.P-2 to Ex.P-4. The total income of the deceased- Shamsher Singh Rana is reflected as Rs. 4,68,180/- as per the last income-tax return i.e. for the assessment year 2012-13 and from the said amount a sum of Rs. 21,810/- has been deducted as tax. So, after deduction, the net income of the deceased-Shamsher Singh Rana, comes to Rs. 4,46,370/-.
9. The annual income of the deceased was assessed at Rs. 4,46,370/- per annum, out of which 1/2 amount was deducted towards personal expenses. The dependency of claimants, thus, cam
