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2022 Supreme(P&H) 1154
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arun Monga, J.
National Insurance Co. Ltd. - Appellant
Versus
Shimla Devi & Ors. – Respondents
FAO-358-2022 (O&M)
Decided On : 07-02-2022
Mr. Sandeep Suri, Advocate, for the appellant.
The main legal point established in the judgment is the assessment of compensation in a motor accident case, considering factors such as the occurrence of the accident, the deceased's income, and the application of appropriate legal provisions.
Headnote:
Motor Accident - Compensation - Sections 279/304-A IPC, Motor Vehicle Act - [279/304-A IPC, Motor Vehicle Act] - The court awarded compensation in a motor accident case where the driver of a car was found to be driving rashly and negligently resulting in the death of the motorcycle rider. The court also assessed the income of the deceased and applied the appropriate multiplier for loss of dependency to the family.
Fact of the Case:
The case involved a motor accident where a car driven rashly and negligently hit a motorcycle, resulting in the death of the motorcycle rider. The claimants, including the deceased's widow, children, and father, filed a claim petition for compensation.
Finding of the Court:
The court found in favor of the claimants on issues related to the occurrence of the accident and entitlement to compensation, while ruling against the respondents on issues of maintainability and non-joinder of necessary parties.
Issues: The issues framed by the court included the occurrence of the accident, entitlement to compensation, violation of insurance policy terms, maintainability of the claim petition, locus standi of the claimants, and mis-joinder and non-joinder of necessary parties.
Ratio Decidendi: The court's decision was based on the evidence presented, including the assessment of the deceased's age and income, and the failure of the Insurance Company to address the issue of connivance at the appropriate stage.
Final Decision: The court dismissed the appeal, affirming the Tribunal's award of compensation to the claimants.
JUDGMENT
Arun Monga, J. (Oral) - Aggrieved with the award dated 30.07.2021 rendered by Motor Accidents Claims Tribunal, Karnal, Insurance Company has preferred the instant appeal.
2. Briefly stated, the facts of the case are that on 17.04.2017, at about 4.30 PM, Sham Lal along with one Amrit was going from village Tikri to village Barna side on motorcycle, which was being driven by him at a moderate speed. When they reached GT Road, NH-1 ahead of Merrut Raod near Shani Dev Mandir, suddenly one car bearing registration No. HR-40-B- 3462 came from Karnal side. Driver/respondent No.1 was driving the said car rashly and negligently which hit the motorcycle. Due to this, Sham Lal and Amrit fell down and received multiple injuries. Both were taken to Government Hospital where Sham Lal was referred to PGI, Chandigarh. On 26.04.2017, Sham Lal succumbed to his injuries. The said accident was witnesses by one Somnath and his wife. Accordingly, FIR No.422 dated 18.04.2017 under Sections 279/304-A IPC was registered at Police Station City, District Karnal. The claim petition claiming compensation of Rs.20 lacas along with interest @ 24% per annum was filed by the claimants who are widow, children and father of deceased Sham Lal.
Upon notice, respondents No.1 and 2 appeared and filed joint written statement taking preliminary objections regarding maintainability, locus standi, cause of action, non-joinder of necessary parties etc. On merits, it was averred that no accident ever took place.
Respondent No.3-Insurance Company filed separate written statement taking preliminary objections regarding maintainability; locus standi; cause of action; estoppel; jurisdiction; mis-joinder and non-joinder of necessary parties; collusion etc. Both the parties led their respective documentary as well as oral evidence. Accordingly, vide Award dated 30.07.2021, a total compensation of Rs.11,31,692/- was awarded to all the claimants.
3. From the pleadings of parties, following issues were framed by the learned Motor Accident Claims Tribunal :-
1) Whether the accident in question took place on 17.04.2017 at about 4.30 PM, in the area of P.S. City Karnal on account of rash and negligent driving of car bearing registration No. HR-40B-3462 by respondent No.1 resulting into death of Sham Lal ? OPP
2) If Issue No.1 is proved, whether the claimants are entitled to any compensation, and if so, how much and from whom ?
OPP
3) Whether the vehicle in question was being driven in violation of the terms and conditions of the insurance policy and/or provisions of the Motor Vehicle Act ? OPR 4) Whether the claim petition is not maintainable in the present form ? OPR
5) Whether the claimants have no locus-standi and cause of action to file the present claim petition against the answering respondents ? OPR
6) Whether the present claim petition is bad for mis-joinder and non-joinder of the necessary parties ? OPR
7) Relief.
4. On the basis of evidence adduced by both the parties, Issues No.1 to 3 were decided in favour of the claimants whereas Issues No.4 to 6 were decided against the respondents.
5. Learned counsel for the appellant-Insurance Company, inter- alia, argues that the entire claim has been allowed by the Tribunal below without going into the objection qua the claim and the witnesses conniving with each other to plant the offending vehicle, which was actually not involved in the accident. Learned counsel further argues that the Tribunal wrongly assessed the income of the deceased and the same is on higher side.
6. I have heard learned counsel for the appellant and gone through the case file.
7. The learned Tribunal allowed the claim, inter-alia, premised on the following reasoning :-
'Age of deceased :
20. In the claim petition, age of the deceased Sham Lal is mentioned as 45 years which has been reiterated by PW1 Smt. Shimla Devi, widow of the deceased in her testimony. However, no birth certificate or any other document such as Aadhar Card etc in support of age of deceased Sh
