The main legal point established in the judgment is the application of principles for assessing compensation in cases of death, including the determination of income, deductions for personal living expenses, and the appropriate multiplier based on the age of the deceased.

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. Heard Shri Amit Manohar, learned counsel for the appellant and Shri Shesh Narain Mishra, learned counsel for the opposite parties.

2. This appeal has been filed against the judgment and award dated 18.02.2011 of Motor Accident Claims Tribunal /Additional District Judge, Court no. 1, Basti in MACP No. 105 of 2006 in which the learned Tribunal has awarded Rs. 4,66,940/- as compensation along with 6% simple interest per annum from the date of institution of the claim petition.

3. The factual matrix of the case is that an accident took place on 22.05.2006 at 10:30 PM, deceased Bhaagwat Prasad Dubey with other employees of his department was in the Jeep and was coming after attending a marriage function to Basti. In village Bankata near railway crossing when the driver of the Jeep U.P.-51H/1300 driving the Jeep rashly and negligently tried to overtake the tractor trolly, the right portion of the Jeep dashed with trolly and because of that the Jeep got uncontrolled and overturned in a pit. The person in the Jeep sustained injures and 4 of them died on the spot including Shri Bhaagwat Prasad Dubey. The Information was given by the owner of the Jeep to shift his responsibility on the tractor trolly stating the tractor trolly is responsible for the accident and on the basis of the written report, Crime No. 806 / 06 under sections 279, 337, 338, 304A IPC was registered for the accident. The driver of the Jeep was completely responsible who was driving the Jeep very rashly and in a very dangerous way resulting in accident. At the time of accident deceased Bhaagwat Prasad Dubey was 38 years in age and he was Class-IV employee in Rajkiya Nalkoop Vibhag and his monthly income was Rs. 6342/-. Therefore this claim petition was filed by his wife and minor daughter and sons.

4. The owner of the offending vehicle filed written statement and denied that Bhaagwat Prasad Dubey was traveling in the alleged offending Jeep. He has admitted that deceased was Class-IV employee in the Irrigation Department. He has further stated that he had purchased the Jeep and on the day of incident he had gone to Shri Narsingh Pandey of his department in a marriage function and he was returning in the night by Jeep. Ahead him, the Executive Engineer Shri Sohan Ram was also going in a Jeep with certain employees. The Jeep got trapped in the tractor trolly and overturned on the road side, therefore, certain persons sustained injuries and some persons died. The leg of the Executive Engineer was also broken. The offending Jeep was departmental and therefore, the Executive Engineer put pressure on him for lodging the F.I.R. as he was coming from his Jeep behind the Jeep. He also sustained injuries and got fainted and was admitted to District Hospital. The Jeep was insured with National Insurance Company and the driver Hari Prakash Pandey was having a valid license. If the Tribunal comes to a conclusion that the accident took place by his Jeep, the responsibility to pay compensation is on the National Insurance Company.

5. The National Insurance Company also filed a written statement and it has been alleged that in view of FIR, the accident took place because of rashness and negligence of by tractor trolly and therefore, claim is not maintainable against the Insurance company. The owner of the tractor trolly has not been made party. There is nothing against the driver of the Jeep and on the basis of false allegation the claim has been filed. The driver was not having valid license and the Jeep was being driven in violation of the Insurance policy, the tractor trolly was not insured and was driving illegally. The responsibility to pay compensation is on tractor owner and the claim petition is not maintainable.

6. The learned tribunal framed four issues, the English translation is as follows:

1. Whether on 22.05.2006, at night 10:30 p.m. near Bankata Railway Crossing under P.S. Kotwali, District Basti, Bhaagwat Prasad Dubey was coming in Je