Order on Board

12.09.2024

1. This appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants/Claimants, challenging the award dated

30.01.2017 passed by the learned Motor Accident Claims Tribunal, Jashpur, District-Jashpur, CG (for short, ’Claims Tribunal’), in Claim Case- 23 of 2015, whereby learned Claims Tribunal has awarded Rs.6,24,400/- as compensation to the claimants.

2. Brief facts of the case are that the deceased-Ravina Tirkey was going to her village Modapara with her friend Neelam Kumari on a Motorcycle bearing No.CG14-MB3071, being driven by one Hemant Tirkey, father of the deceased. When they reached near village Modapara, offending vehicle Trailor bearing No.CG04-JB 3282, which was being driven rashly and negligently by its driver and owner NA1 Pal Singh, dashed the Motorcycle, by which the deceased and other rider of Motorcycle fell down. During treatment, the deceased died.

3. Claimants have filed their claim application with the pleading that the deceased was aged about 18 years at the time of accident, and was a student of Class XII. She was meritorious student, having bright future. She would have employed in any higher administrative post, and therefore, they have claimed Rs.27,25,000/-, as compensation on various heads.

4. NA1, Owner and Driver of the offending vehicle contested the claim of the claimants and pleaded that the accident was occurred by the negligent driving of the rider of the Motor Cycle. It is head on collision, and therefore, claimants are not entitled for any compensation. In alternative, he pleaded that even if the claimants are entitled for compensation, since the offending vehicle was duly insured with the Insurance Company, and the driver was having valid and effective driving license with him at the time of accident, liability to pay compensation is upon the Insurance Company.

5. NA2, Insurance Company has also filed its written statement and denied the claim of the claimants, and pleaded that on the date of accident, driver of the offending vehicle was not having any valid and effective driving license with him. The offending vehicle was being plied without any valid permit or fitness certificate, and the deceased herself was travelling triplet on the Motorcycle, and therefore, they themselves dashed with the offending vehicle, and therefore, the claim application is liable to be dismissed.

6. NA3 and NA4 also contested the claim, and submitted that after seeing the offending vehicle coming from opposite side rashly and negligently, he stopped his Motorcycle on the side of road, but the offending vehicle dashed the Motorcycle, and therefore, claim application against them is liable to be dismissed.

7. Based on the pleadings made by the respective parties, learned Claims Tribunal has framed 10 issues. After recording the evidence of the parties and hearing them, passed the award of Rs.6,24,400/- in favour of the claimants as compensation, and the Insurance Company has been exonerated from its liability to pay compensation, and the liability to pay compensation is imposed upon the NA1 Pal Singh, owner and driver of the offending vehicle.

8. Learned counsel for the appellants would submit that learned Claims Tribunal has erred in awarding less amount towards compensation. Learned Claims Tribunal has considered monthly income of the deceased as Rs,4,600/-, whereas, it should have taken minimum wages prevailing on the date of accident for assessing the compensation. He would further submit that future prospects have also not been awarded by the Claims Tribunal, and less amount has been awarded on other conventional heads. Therefore, the compensation amount may be enhanced suitably.

9. On the other hand, learned counsel for NA2, Insurance Company would support the impugned award and submitted that the Insurance Company has been exonerated in the case, and liability is fastened upon the owner of the vehicle, which is just and proper.

10. I have heard learned coun