Insurer liable despite fitness certificate issued accident day implying roadworthiness; valid driving licence upheld; no policy breach or contributory negligence proved; compensation affirmed via notional income Rs.36,000, 50% deduction, multiplier 18.

JUDGMENT :

PANKAJ PUROHIT, J.

1. This Appeal From Order has been preferred by the appellant–Insurance Company under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 01.03.2014 passed by the Motor Accident Claims Tribunal / IVth Additional District Judge, Haridwar in Claim Petition No. 61 of 2011, whereby the Tribunal has awarded a sum of Rs.3,39,000/- along with interest @ 7% per annum in favour of the claimants on account of the death of their son Amit Rai Chaudhary in a motor vehicle accident. The Insurance Company seeks to assail the impugned award also questioning the computation of compensation.

2. The facts, in brief, giving rise to the present appeal are that on 15.01.2007 at about 9:00 a.m., the deceased Amit Rai Chaudhary, aged about 22 years, was travelling in a three-wheeler (Auto) bearing registration No. UA-08-2806 for the purpose of going to his place of work. When the said vehicle reached near the Degree College turn at Kankhal, District Haridwar, it met with an accident and overturned on the road. As a result of the said accident, Amit Rai Chaudhary sustained serious injuries. He was immediately taken for medical treatment to the District Government Hospital, Haridwar. Considering the gravity of his condition, he was referred to Jolly Grant Hospital; however, while being taken to the said hospital, he succumbed to the injuries sustained in the accident. The claim petition was thereafter filed by the parents of the deceased, namely Deepak Rai Chaudhary and Smt. Anjana Rai Chaudhary, asserting that the deceased was a young, healthy individual and the sole support of the family.

3. It was submitted that the accident occurred solely due to the rash and negligent driving of the offending vehicle, resulting in the untimely death of their son, causing immense mental agony and financial loss to the claimants. It was further stated that the offending vehicle was owned by respondent no. 1, driven by respondent no. 2 at the relevant time, and was insured with respondent no. 4–Insurance Company. On these assertions, the claimants sought compensation under Sections 140 and 166 of the Motor Vehicles Act, 1988.The Tribunal, upon consideration of the pleadings and evidence adduced by the parties, proceeded to adjudicate the claim petition and ultimately passed the impugned award dated 01.03.2014, granting compensation of Rs.3,39,000/- along with interest @ 7% per annum in favour of the claimants.

4. In the claim petition, the claimants asserted that the accident occurred due to the negligent driving of the Three Wheeler Auto No.UA-08-2806, which was being driven at a high speed and in an unsafe manner. It was pleaded that the deceased sustained fatal injuries directly attributable to the accident. The claimants further pleaded that the vehicle was insured, and that the driver was holding a valid driving licence at the relevant time. A claim for compensation of Rs.15,00,000/- along with interest was made.

5. The driver and owner of the offending vehicle filed their written statements denying negligence and contending that the accident did not occur in the manner alleged. They further pleaded that the vehicle was being driven carefully and that the driver possessed a valid and effective driving licence.

6. The Insurance Company, in its written statement, raised preliminary objections including maintainability, alleged non-joinder of necessary parties, denial of ne