The court established the joint and several liability of the driver, owner, and insurer for compensation in motor accident claims, emphasizing that the insurer cannot escape liability due to a forged license.

( 1 ) IN this appeal the appellants has prayed for enhancement of compensation aggrieved by award dated 28. 4. 2004 passed by Fourth Additional motor Accidents Claims Tribunal, Katni in M. C. C. No. 435 of 2002. On account of death of Mehngu Kushwaha, who died in an accident on 19. 12. 2001, the claimants widow, children and his mother filed claim petition before the Claims Tribunal claiming compensation.

( 2 ) THE deceased was a labourer. He was going from his house to Katni. In front of the house of Shree Ram, tailor, a truck No. MP 21-1062 driven by Rammu Patel dashed him. He died on the spot. The truck was owned by Sanjay Khare and insured with national Insurance Co. Ltd. A criminal case was registered against the driver. It was claimed that age of the deceased was 40 years. He was earning a sum of Rs. 100 per day. A sum of Rs. 15,00,000 was claimed towards compensation. The owner and driver did not file written statement. However, insurer, the respondent No. 3, denied the income of the deceased and contended that excessive compensation was claimed. Driver was not having valid and effective driving licence on the date of accident.

( 3 ) THE Claims Tribunal has come to the conclusion that the accident was outcome of rash and negligent driving of Rammu patel. At the same time the learned Claims tribunal came to the conclusion that the original licence was forged, though it was renewed, hence insurer has been exonerated from making the payment of the amount of compensation which has been arrived at by the Claims Tribunal. The income of the deceased has been arrived at Rs. 100 per day as the deceased was a skilled mason. His monthly income has been arrived at rs. 1,800. Total compensation awarded is rs. 2,28,000 along with interest at the rate of 9 per cent per annum from the date of filing of the claim petition till realisation. Liberty has been given to the claimant to recover the amount from the insurer. In turn the insurer has been given liberty to recover the amount from owner.

( 4 ) MR. Gopal Shrivas, learned counsel appearing for the appellants has submitted that the compensation which has been arrived at and awarded is inadequate. There is no evidence on record to indicate that owner had the knowledge that licence held by the driver was forged, it cannot be considered as breach on the part of the owner. Thus, joint and several liability ought to have been saddled on the driver, owner and the insurer to make the payment of compensation.

( 5 ) MR. Pankaj Tiwari, learned counsel appearing for respondent Nos. 1 and 2 has submitted that owner was not having the knowledge as to the forged licence, apart from that licence was not forged, thus, liability has to be saddled on the insurer.

( 6 ) MR. N. S. Ruprah and Mr. Ajay Gupta, learned counsel appearing for the insurer submitted that as the licence was forged, the insurer has rightly been exonerated, no case for interference is made out.

( 7 ) THE first question for consideration is whether compensation which has been awarded is adequate or not? We find that income has been assessed at Rs. 100 per day which is reasonable in the facts and circumstances of the case. The deceased was a skilled mason earning Rs. 100 per day, however, based on that monthly income comes to Rs. 3,000 not Rs. 1,800 as arrived at by the Claims Tribunal, thus we assess monthly income at Rs. 3,000 and rs. 36,000 per annum. After making 1/3rd deduction, which the deceased would have spent on himself had he been alive, loss of annual dependency comes to Rs. 24,000. The age of the deceased has been found to be 40 years, thus multiplier of 16 is applicable which we apply, as the widow, children and the mother are the claimants, thus total loss of dependency comes to rs. 24,000 x 16 = Rs. 3,84,000. In addition we award Rs. 15,000 under the customary heads of loss to estate, funeral expenses and loss of expectancy of life. For loss of consortium, we award Rs. 5,000 to the widow. Thus, total c