IMPORTANT POINT
Compensation in motor accident cases should be assessed based on actual income and future prospects, not solely on minimum wage standards.

JUDGMENT :

Mrs. Alka Sarin, J. :- CM-4693-2024

For the reasons mentioned in the application, the same is allowed. The delay of 70 days in refiling the appeal is condoned. CM stands disposed off.

FAO-1176-2024

1. The present appeal has been preferred by the Insurance Company aggrieved by the award dated 28.08.2023 passed by the Motor Accident Claims Tribunal, Karnal (hereinafter referred to as ‘Tribunal’.

2. The brief facts relevant to the present case are that on the night of 23.06.2020 a medical ruqa was received from the Police Post, Kalpana Chawla Govt. Medical College and Hospital, Karnal regarding the admission of Ajay son of Pappy and Parveen son of Prabhu, both residents of village Ganjo Garhi, due to the injuries received in a roadside accident. On 24.06.2020 ASI Parveen Kumar alongwith Constable Pawan Kumar reached the Police Post KCGMCH, Karnal and collected the medical ruqa. Parveen Kumar was opined to be fit make a statement. The complainant, Parveen Kumar, disclosed that on 23.06.2020 he and his cousin Ajay son of Pappy were going to village Ganjo Garhi on a motorcycle bearing registration No.HR-05-AB-6637 Bajaj CD 100, the rider of which was Ajay who was riding the motorcycle on the left side of the road at a moderate speed at about 7:00 PM. When they reached near Dera Buta Singh at Ranwar-Ganjo Garhi Road, a Tractor attached with a bull-cart (Buggi), which was being driven in a rash and negligent manner, came from the opposite side and hit the motorcycle. As a result of the accident, Ajay fell on the road and received multiple and grievous injuries. The driver of the offending Tractor stopped and came near them, however, since lot of people gathered, he fled from the spot alongwith the tractor. The number of the offending Tractor was noted as HR-05-BB-9002 and it was stated that he could also identify the driver of the offending Tractor. Ajay succumbed to his injuries in the hospital. On the basis of his statement, FIR No.171 dated 24.06.2020 was registered under Sections 279, 304-A, 337 IPC at Police Station Madhuban, Karnal. On the basis of the same set of allegations a claim petition was filed by the legal representatives of Ajay. Notice of the petition was issued. The driver of the offending vehicle denied the factum of the accident and submitted that a false FIR had been registered against him. The owner of the offending Tractor filed a separate written statement and stated that he had falsely been implicated in the case. The appellant- Insurance Company filed a written statement admitting the fact of issuance of the insurance policy, however, it denied the factum of the accident and took the plea of mis-joinder and non-joinder of necessary parties as well as the plea of violation of terms and conditions of the insurance policy on the ground that the driver of the offending vehicle did not have a valid and effective driving licence. On the basis of the pleadings the following issues were framed :

“1. Whether the accident in question resulting into the death of Ajay took place due to rash and negligent driving of offending vehicle bearing No.HR-05-BB-9002 by its driver, as alleged ? OPP

2. If issue No.1 is proved in affirmative, what amount of compensation, petitioners are entitled to 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(3)

4. Relief.”

3. The Tribunal awarded the following compensation: