The court established that the proper deduction for a bachelor in compensation claims is 50%, and future prospects should be considered, leading to an enhanced compensation amount.

JUDGMENT

Alka Sarin, J. (Oral)

The present appeals have been filed by the Insurance Company as well as the claimant being FAO-1506-2008 and FAO-4938-2008 respectively, challenging the award dated 02.01.2008 passed by the Motor Accident Claims Tribunal, Kaithal (hereinafter referred to as the 'Tribunal').

2. The brief facts relevant to the present case are that the claimant, who is mother of Manoj Kumar, had filed a claim petition on account of death of Manoj Kumar (hereinafter referred to as the 'deceased') in a motor vehicular accident on 07.07.2006. It was averred in the claim petition that the deceased, along with Vikas and Ajay Kumar on one motorcycle and Naresh Pal and Sanjay Kumar on another motorcycle, went to their relation at Bilaspur and in the evening when they were returning on their respective motorcycles and had just crossed village Badhehri at about 05.30 pm, a bus bearing registration No.HR-58-8847 (hereinafter referred to as the 'offending vehicle') of Haryana Roadways Yamunanagar Depot came from Jagadhari side, which was being driven by Mohinder Singh (arrayed as respondent No.3 and respondent No.4 in both the appeals) in a rash and negligent manner and struck against the motorcycle of the deceased. In the accident, Manoj Kumar (the deceased) and Vikas died at the spot and Ajay Kumar received serious and multiple injuries. Regarding the said accident a criminal case was also registered. Written statement was filed on behalf of respondent Nos.1 and 2 i.e. General Manager, Haryana Roadways Yamunanagar Depot and the State Transport Commissioner/Controller, Haryana wherein it was averred that as per the statement of the driver of the offending vehicle, no accident was caused with the offending vehicle. Rather, the offending vehicle was on its route from Jagadhari to Pammuwala via Dadhoura on that day and at the time of the alleged accident a motorcyclist with two pillion riders was driving his motorcycle in a rash and negligent manner at a high speed and while trying to over take a truck he lost control over the motorcycle and fell down on the right side of the road itself. The distance between the offending vehicle and the motorcycle was very little and the driver of the offending vehicle tried to avoid the accident and took the offending vehicle to the extreme left hand side of the road towards the katcha portion for about 5 feet but the rear tyre of the offending vehicle ran over the motorcyclists. It was further averred that the accident, if any, took place was due to the negligence of the motorcyclist and the truck driver. A separate written statement was filed by the driver of the offending vehicle taking a preliminary objection that the claim petition was not maintainable and denied the factum of the accident.

3. On the basis of pleadings of the parties, the following issues were framed by the Tribunal :

1. Whether the accident resulting into the death of Manoj Kumar son of Dharam Pal took place on 7.7.2006, at about 5.30 p.m., in the area of village Badsui due to rash and negligent driving of bus No.HR-58-8847 by respondent No.1 Rs. OPP

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

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

4. Relief.

4. The Tribunal awarded the following compensation after assessing the income of the deceased as Rs. 3000/- pm :

5. Learned counsel appearing on behalf of the Insurance Company would contend that the Tribunal has applied