HARKESH MANUJA, J.

By this common judgment, two appeals bearing FAO Nos. 192 (lead case) of 2015; and 7998 of 2016 arising out of award dated 13.01.2015 passed by the learned Motor Accident Claims Tribunal, Rupnagar (for short, “the Tribunal”), in MACT Case No. 98 of 2012 are being decided together.

FACTS

As per the case set up by the claimants, on 19.09.2012 deceased Rajan Mishra along with Narinder Singh were proceeding from Ropar to Garshankar in Tempo bearing registration No.PB-12-K-1795 loaded with mobile oil. The said vehicle was being driven by Narinder Singh. Jaswinder Singh was following them on a separate scooter. At about 5.00 PM, near Kukar Majra Petrol Pump, Scorpio vehicle bearing registration No.DL-08-CJ-8182 being driven rashly and negligently by respondent No.1 came from the opposite side and struck against the Tempo. Due to the impact, Narinder Singh and Rajan Mishra suffered multiple grievous injuries and died at the spot.

The learned Tribunal, on appreciation of evidence, held that the accident occurred due to rash and negligent driving of Scorpio vehicle by respondent No.1 and awarded compensation of Rs.4,18,000/- along with interest @ 6% per annum from the date of claim petition till its realization.

Aggrieved against the aforesaid award, the claimants filed the present appeal seeking enhancement of compensation, whereas the Insurance Company preferred appeal seeking recovery rights on the plea that the insurance policy was fraudulently ante-dated after the accident.

CONTETIONS ON BEHALF OF THE APPELLANTS / CLAIMANTS.

It has been averred that the learned Tribunal committed grave error while assessing income of the deceased at Rs.4,000/- per month despite cogent oral evidence showing that the deceased was working as cleaner and additionally earning as waiter in marriage functions. It was further averred that the Tribunal erred in deducting 50% towards personal expenses despite the fact that there were four dependents upon the deceased. It was also pleaded that no addition towards future prospects was granted and inadequate amounts were awarded under conventional heads.

ARGUMENTS ON BEHALF OF NATIONAL INSURANCE COMPANY LIMITED

Per contra, learned counsel for Insurance Company submitted that though the awarded amount already stands deposited and disbursed, the Insurance Company was entitled to recovery rights from the owner of offending vehicle as the insurance policy was fraudulently ante-dated after occurrence of accident. It was argued that vigilance inquiry revealed that premium was actually deposited on 24.09.2012 whereas accident occurred on 19.09.2012 and the policy was ante-dated from 18.09.2012 in connivance with officials of Insurance Company. Learned counsel further submitted that material collected during vigilance inquiry including bank records and RTI information clearly established fraud and therefore recovery rights deserve to be granted.

DISCUSSION AND REASONING

I have heard learned counsel for the parties and perused the paper-book.

The findings recorded by the Tribunal regarding occurrence of accident on account of rash and negligent driving of offending Scorpio vehicle are based upon ocular testimony of PW2 Jaswinder Singh coupled with FIR No.105 dated 19.09.2012 and the other documentary evidence. No material has been placed on record to discredit the said findings. Accordingly, findings of the Tribunal on Issue No.1 are affirmed.

QUESTION OF INCOME ASSESSED

The learned Tribunal assessed the income of the deceased at Rs.4,000/- per month by treating him to be an unskilled labourer. However, the said assessment does not appear to be fully commensurate with the nature of employment and avocation proved on record. The claimants had specifically pleaded that deceased Ranjan Mishra was employed as a cleaner on commercial tempo bearing registration No.PB-12K-1795 and was also supplementing his income by working as a waiter during marriage functions and other social events. In support of the sa