The court analyzed the apportionment of negligence in a motor accident case and determined the loss of dependency for calculating compensation under the Motor Vehicles Act, 1988.

( 1 ) THIS appeal has been preferred by the insurer, Oriental Insurance Co. Ltd. , aggrieved by an award dated 25. 2. 2003 passed by the Additional motor Accidents Claims Tribunal, Rewa, in Claim Case No. 190 of 2002 awarding a sum of Rs. 8,39,000 along with interest at the rate of 9 per cent per annum from the date of filing of the claim petition on account of death of Suryalal Chaturvedi who was Naib Tehsildar, aged 45 years in the service of the State Government.

( 2 ) IN an accident dated 16. 8. 94 Suryalal Chaturvedi was going in a Maruti van (MP 19-T 0013) from Satna to Mirzapur along with his wife, his sons and daughter. Maruti van was driven by Ramakant Singh alias Chhote. The vehicle was owned by jagmohan Singh. It was insured with Oriental Insurance co. Ltd. Truck (UHB 277) was going ahead of Maruti van. It was driven in zigzag manner by the driver Krishna kumar. All of a sudden, he stopped the truck in midst of the road without giving any horn or other indication/signal. Maruti van consequently dashed against the truck, owing to which Varun Ashutosh and Suryalal Chaturvedi died on the spot and Karan Ashutosh and Geeta Devi suffered serious injuries. Truck was insured with Oriental Insurance Co. Ltd.

( 3 ) THE claimants alleged that deceased was at the verge of promotion on the post of Dy. Collector. Age of the deceased was 40 years. He had remaining service span of 18 years. Compensation of Rs. 21,54,000 was claimed. Claimant mother and brother have also died in the accident, as such, suitable compensation was prayed.

( 4 ) THE owner of the truck, in the written statement, denied the allegations and contended that the driver of the truck was not negligent. Truck was stationary. It was standing for the last 8 hours owing to mechanical defect. Driver did not file any written statement.

( 5 ) JAGMOHAN Singh, owner of Maruti van contended that he had acquaintance with Suryalal Chaturvedi, Naib Tehsildar. He had taken his Maruti van. It was driven by Ramakant Singh. Vehicle was insured with Oriental Insurance Co. Ltd. , as such he is not liable to make payment of compensation.

( 6 ) THE driver of Maruti van, Ramakant singh in his reply stated that he was going in slow speed, on his side and was driving maruti van cautiously. Truck (UHB 277) was going ahead, in a high speed all of a sudden was stopped without any signal, owing to which Maruti van dashed the truck. Driver of the truck was negligent, hence, liability is that of driver, owner and insurer of the truck.

( 7 ) THE insurer of Maruti van, Oriental insurance Co. Ltd. , contended that the driver of the truck was negligent, as such liability is that of owner, driver and insurer of the truck. Driver of Maruti van was not having valid and effective driving licence. Thus, there was violation of terms and conditions of the policy of insurance.

( 8 ) INSURER of the truck contended that the negligence was that of driver of Maruti van, as such liability is that of the insurer of Maruti van, not that of the truck. The driver of the truck was not having a valid and effective driving licence, as such insurer is not liable.

( 9 ) THE Claims Tribunal has found that the negligence was to the extent of 60 per cent of the driver of the truck and 40 per cent of the driver of Maruti van. The finding of composite negligence to the aforesaid accident has not been assailed in this appeal by Mrs. Amrit Ruprah. She has mainly assailed the quantum of compensation determined by the Claims Tribunal. She has submitted that the deceased was naib Tehsildar. His salary was Rs. 3,600 per month. Claims Tribunal considering the chances of promotion has taken to be at Rs. 8,000 per month, as such excessive compensation has been worked out. Salary could not have been taken just double of the figure what was actually drawn by the deceased. She has further submitted that claims Tribunal erred in law in rejecting the application filed under section 170 of motor Vehicles Act, 1988. The p