Order On Board

11.01.2024

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short MV Act) has been filed dissatisfied with the award dated 30.01.2017, passed by the 6th Additional Motor Accident Claims Tribunal, Bilaspur District- Bilaspur, (CG) in Claim Case No. 401/2015.

2. By the impugned award, the learned Tribunal has awarded compensation of Rs.7,64,200/- to the appellants/claimants, on account of the death of the deceased/Shriniwas Rao @ R. Vyankteshwarlu in an unfortunate accident that took place on 11.07.2015 by rash and negligent driving of the offending vehicle (Honda City Car) Bearing Registration No. CG-04.CK.7777 driven by respondent No.1/Akash Veerwani, owned by respondent No.2/Rajkumar Veerwani and insured with the respondent No.3/United India Insurance Com. Ltd.

3. As per the pleadings of the claim application, the deceased/Shriniwas Rao was aged about 38 years and was working as a Salesman in R.K. Distributor Automative, Tifra Industrial Area, Bilaspur (Castrol Company) and earning Rs.15,000/- per month and total compensation of Rs. 25,45,000/- was claimed.

4. The claim application was resisted by the respondents on various grounds including the insurance company taking a plea that the driver of the offending was not holding valid and effective driving licence. The learned Tribunal has framed issues on the basis of above pleadings and awarded the above stated compensation in favour of the appellants/claimants.

5. Mr. H.A.P.S. Bhatia, learned counsel for the appellants argues that the amount of compensation is on the lower side. The salary certificate of the deceased was proved which was wrongly disbelieved, and future prospect has not been awarded, hence, the amount of compensation may be suitably enhanced.

6. Ms. Swati Agrawal, learned counsel for the respondent No. 3 supports the award and submits that tribunal has rightly disbelieved the salary certificate as no other documents has been placed to demonstrate that the deceased/Shriniwas Rao was working as a Salesman.

7. I have heard learned counsel for the parties, considered their rival submissions and perused the records.

8. As per the pleadings of the claim application, the deceased/Shriniwas Rao was aged about 38 years and was working as a salesman under the R.K. Distributor Automative, Tifra Industrial Area, Bilaspur and was earning Rs. 15,000/- per month.

9. R. Gayatri (Aw-1) was examined and she has stated that the deceased/Shriniwas Rao was her elder brother and was earning Rs. 15,000/- per month working as a salesman under the R.K. Distributor Automative, Tifra Industrial Area, Bilaspur (Castrol Company). She has stated that she has filed the salary certificate ex-A-19 in which the monthly salary of the deceased of Rs. 15,000/- is mentioned.

10. Arvind Garg (Aw-2) was examined and in his affidavit under Order 18 Rule 4 of CPC, he has stated that before the accident the deceased/Shriniwas Rao was working for last 15 years as a salesman in the establishment run by him named as R.K. Distributor Automative, Tifra Industrial Area, Bilaspur. In his cross-examination, he deposed that R.K. Distributor Automative is being run by him for last 20 year and he has not brought any certificate to that effect. He himself stated that he can tell the PAN & TIN No. of his establishment. In the cross- examination, he further stated that the deceased/Shriniwas Rao was working in his establishment since 1999-2000 and denied the suggestions that the deceased/Shriniwas Rao was not working in his establishment. He further deposed that he has registered his firm and did not bring any registration certificate and he has not mentioned PAN & TIN No. in the salary certificate ex-A19. He further deposed that the salary certificate ex-A19 is printed from computer. Salary is paid to employess by cash and voucher is not filed.

11. Perusal of salary certificate (ex-A19) the basic pay was Rs. 8,000/-, house rent Rs. 2000/- and other prerequisites, if any Rs. 5,000/- another am