ORDER

14.03.2024

01. This appeal has been directed against award dated 16.07.2009, passed by the Motor Accident Claims Tribunal, Jammu (hereinafter to be referred as “the Tribunal”) in file No. 388/Claim, titled, Mohan Lal & Ors. vs. The New India Assurance Company Ltd. & others in a claim petition preferred by the claimants on account of the death of Kuldeep Raj in a vehicular accident, whereby the learned Tribunal has awarded an amount of Rs.8,70,000/- as compensation in favour of the respondents/claimants along with interest @ 7.5% per annum from the date of filing of the claim petition till its realization.

02. The award has been challenged by the appellant-Insurance Company on the grounds that the same is ex-facie bad, contrary to the facts of the case and law, inasmuch as, the same has been passed in violation of the provisions of the Motor Vehicle Act as well as terms and conditions of the Insurance Policy.

03. Brief facts of the case are that deceased-Kuldeep Raj was travelling in the offending vehicle bearing registration No. JK02AA-4391 involved in the accident, which as per the averments made by the claimants, was hired by the deceased as a load carrier for selling the vegetables in Sabzi Mandi, Jammu. While the deceased was on his way back in the vehicle in question, it met with an accident due to rash and negligent driving of the driver, which resulted into the death of said Kuldeep Raj.

04. It is stated that the deceased was travelling as a gratuitous passenger in the offending vehicle at the time of accident and as per the provisions of the Motor Vehicle Act, Insurance Company cannot be made liable to pay any compensation to the claimants, for the death of gratuitous passengers travelling in the goods carrier is covered only, particularly when he was accompany the goods being carried in the vehicle. It has been further stated that there is nothing mentioned in the FIR or statements of any of the witness that the goods were being carried in the offending vehicle at the time when the same met with an accident. It is further stated that the learned Tribunal has wrongly assessed the monthly income of the deceased as well as the deduction. It has been further submitted that the Tribunal has not applied the correct multiplier. 05. I have heard learned counsel for the parties and perused the record.

06. On 08.04.2006, at about 12 mid night, the deceased, who was a vegetable contractor, after hiring offending vehicle for selling his vegetables in the Sabzi Mandi, was on his way back from Jammu to Mishriwala. The offending vehicle was being driven by driver Mangal Singh and when it reached near Purkhoo, driver of the offending vehicle, who was driving the said vehicle in a rash and negligent manner, lost control over the vehicle and met with accident in which deceased suffered fatal injuries. On account of those injuries, he died on 08.06.2006 at 6:00 a.m. in Govt. Medical College, Jammu. On account of the death of the deceased the claimants filed a claim petition under Motor Vehicles Act and claimed a compensation of Rs.16,50,000/-. The claimants claim that the deceased was the only earning member of the family.

07. The Tribunal framed the following issues:-

1. Whether an accident occurred on 08.04.2006 at Purkhoo, Jammu by rash and negligence driving of offending vehicle no. JK02AA-4391 being driven in the hands of erring driver in which deceased-Kuldeep Raj sustained fatal injuries? OPP

2. If Issue No: 1 is proved in affirmative, whether petitioners are entitled to the compensation; if so, to what amount and from whom? OPP

3. Whether the driver of the offending vehicle at the time of the accident was not holding valid and effective driving license and drove the vehicle in violation of terms and conditions of Insurance Policy? OPR-1

4. Whether offending vehicle being a goods carrier was not insured for passengers liability, if so how? OPR-1

5. Relief. O.P. Parties

08. The learned Tribunal while dealing with the claim petition exa