In motor accident compensation cases, determination of just compensation requires realistic income assessment including future prospects, and civil liability remains independent of criminal court outcomes regarding the driver's conviction or acquittal.

Yashvir Singh Rathor, J. (Oral)

1. This appeal has been instituted against the Award dated 15.01.2002 for enhancement of compensation awarded in MACT case No.80-T of 1999 decided by the Motor Accident Claims Tribunal, Fatehgarh Sahib (for short “Tribunal”) in a petition under Section 166 of Motor Vehicles Act, 1988, vide which a sum of Rs.2,01,600/- has been awarded as compensation to the claimants on account of death of Bahadur Singh in a motor vehicular accident which allegedly took place due to rash and negligent driving on the part of respondent No.1 while driving the offending vehicle bearing No.CH-01-R-8184 (hereinafter referred to as ‘offending vehicle’), which was insured with respondent No.2 alongwith interest @9% per annum from the date of award till the date of realisation.

2. It is pertinent to mention that the record of the present appeal and the Tribunal has got burnt in a fire incident in the High Court Registry and the present appeal has to be decided on the basis of the facts and evidence discussed by the Tribunal in the impugned award.

3. The copies of paper book along with jamabandi and driving licence of deceased filed in the Court are taken on record. Registry is directed to tag the same at appropriate place.

4. From the pleadings of parties, following issues were framed by the learned Tribunal:-

“1. Whether respondent No.1 while driving car No.CH-01-R/8148 on 7.2.99 at about 11/11.50 A,M in the area of Khamano rashly and negligently caused the death of Bahadur Singh? OPA.

2. If issue No.1 is proved, to what amount of compensation the claimants are entitled to and from whom?OPA.

3. Whether the respondent No.1 was not having a valid driving license? OPR.

4. Relief.”

5. Thereafter, the parties led evidence in support of their case.

6. After hearing the parties and going through the material on the file, learned Tribunal awarded a sum of Rs.2,01,600/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till realization. It was further held that Insurance Company shall pay the amount to the claimants first of all but shall have a right to recover the same from the owner/ insured.

7. Feeling aggrieved, the appeal in hand has been preferred. The material on file has been perused and parties have been heard.

8. The only issue required to be determined in the present appeal relates to the assessment of compensation. Therefore, the entire facts regarding the manner of the accident are not required to be reproduced in detail, as the Tribunal has already held under issue No.1 that the accident had occurred due to the rash and negligent driving on the part of respondent No.1, while driving offending vehicle owned by him and insured with respondent No.2. No appeal or cross objections have been filed by respondents, challenging the said finding and accordingly finding on issue No.1 is not required to be interfered with.

9. Learned counsel for the appellants argued that the impugned award, vide which compensation has been awarded is based on conjectures and surmises and is liable to be modified and enhanced amount of compensation should be awarded. Learned counsel further contended that the income of the deceased has been assessed on the lower side. Future prospects have also not been added to the monthly income of the deceased, contrary to the settled provisions of law. Appropriate compensat