High Court Punjab-Haryana High Court

National Insurance Company … vs Janki Devi And Others on 9 March, 2009

Punjab-Haryana High Court
National Insurance Company … vs Janki Devi And Others on 9 March, 2009
 IN THE HIGH COURT OF PUNJAB AND HARYANA
              AT CHANDIGARH

                                           F.A.O. No. 10 of 1992
                                        Date of Decision : March 09 , 2009

National Insurance Company Limited and others
                                                             ....Appellants
                                 Versus

Janki Devi and others
                                                          .....Respondents


CORAM : HON'BLE MR. JUSTICE T.P.S. MANN


Present :   Mr. Deepak Suri, Advocate
            for the appellants.

            Mr. Harminderjeet Singh, Advocate
            for respondents No. 1 to 5.

            Mr. S.K. Hooda, Sr. Deputy Advocate General, Haryana
            for respondent No. 6.


T.P.S. MANN, J.

By one judgement, the present appeal as well as F.A.O. No. 11

of 1992 are being disposed of, as both of them arise out of a common

judgement dated 22.7.1991 passed by learned Motor Accidents Claims

Tribunal-III, Rohtak.

The facts giving rise to the two appeals are that on 3.6.1990,

Sukhbir Singh was proceeding in his Maruti van No. DDA-7284 from

Rohtak to Meham. When he was short of I.T.I. Meham by only one and half

kilometre, his Maruti van was hit by a bus bearing registration No. HR-22-
F.A.O. No. 10 of 1992 -2-

6022 driven by Kishan Lal. At the time of the accident, Sukhbir Singh was

driving his van on the left side and at a very slow speed. However, the bus

was being driven at a very high speed by Kishan Lal, who was also rash and

negligent in doing so. In the process, he came on the wrong side of the road

and hit the Maruti van. As a result, Sukhbir Singh, who was the sole

occupant of the van, received injuries to which he succumbed at the spot.

Taking advantage of the fact that Sukhbir Singh was all alone at the time of

the accident, Kishan Lal, driver went to the police and narrated a wrong

version. However, according to the claimants, the accident was witnessed by

Chhattar Singh of village Madina and Devinder Singh of village Chhara,

who were travelling in the bus driven by Kishan Lal.

The accident in question gave rise to filing of two claim

petitions by Chander Kala widow of Sukhbir Singh, Manju Bala, Naveen and

Parveen, minor children of Sukhbir Singh and Janki Devi, mother of Sukhbir

Singh. In M.A.C.T. Case No. 61 of 1990, titled Chander Kala and others v.

State of Haryana and others, the claimants prayed for the grant of a sum of

Rs. five lakh as compensation, on account of the death of the sole bread-

winner of the family, who was aged 30 years and employed as Hawaldar in

the Indian Army and serving in National Security Guards, Government of

India. He was drawing a salary of Rs.2,600/- per month, besides getting

other perks such as free mess, dress, lodging and boarding. The other claim

petition bearing M.A.C.T. Case No. 60 titled Janki Devi and others v. State

of Haryana and others, was filed for claiming an amount of Rs. 70,000/- as
F.A.O. No. 10 of 1992 -3-

compensation on account of damage to the Maruti van as an amount of Rs.

63,500/- was spent on the repairs and Rs. 6,500/- towards transportation of

the van.

In their joint written statement, the State of Haryana and

General Manager, Haryana Roadways challenged the locus standi of the

claimants to file the claim petitions. According to them, as the bus in

question was duly insured with National Insurance Company Limited, the

said Company was liable to indemnify them in the event of they being found

liable to pay the compensation. They did not dispute the date, time and place

of the accident. However they denied that the driver of the bus was rash or

negligent in driving. According to them, the Maruti van was driven by

Sukhbir Singh at a very high speed. The driver of the van could not control

the van and struck the bus by coming on wrong side of the road. As the

accident had taken place on account of rash and negligent driving by the

driver of the Maruti van, a case was also registered against him at Police

Station, Meham. They, accordingly, prayed for dismissal of both the claim

petitions.

Kishan Lal, driver did not file any written statement but adopted

the one filed by the State of Haryana and General Manager of Haryana

Roadways. National Insurance Company Limited, who was arrayed as

respondent No. 4 in both the claim petitions, took up all possible pleas to

oppose the claim petitions. It was stated that the driver of the bus had no

valid driving licence. The petitions were bad for non joinder of necessary
F.A.O. No. 10 of 1992 -4-

parties, as the owner and insurer of the Maruti van had not been impleaded

as respondents. Even deceased-Sukhbir Singh had no valid licence.

Moreover, the owner of the bus did not inform it about the accident and,

therefore, not liable to indemnify the insured.

On the pleadings of the parties, following issues were framed in

M.A.C.T. Case No. 61 of 1990 :-

1. Whether the motor vehicular accident that
took place on 3.6.1990 is the result of rash
and negligent driving of bus No. HR-22-6022
by resondent No. 3 ? OPP.

2. Whether Sukhbir Singh died in the aforesaid
accident ? OPP.

3. Whether the petitioners are entitled to
compensation, if so in what amount and from
whom ? OPP.

4. Whether resondent No. 4 is not liable to
indemnify respondents No. 1 and 2 in case
they are ordered to pay compensation to the
petitioners as alleged in the preliminary
objections ? OPR-4.

5. Relief.

In M.A.C.T. Case No. 60 of 1990, learned Tribunal framed the

following issues:-

F.A.O. No. 10 of 1992 -5-

1. Whether the motor vehicular accident that
took place on 3.6.1990, is the result of rash
and negligent driving of bus No. HR-22-6022
by respondent No. 3 ? OPP.

2. Whether Maruti van No. DDA-7284 was
damaged in the aforesaid accident, if so what
is the extent of the damage ? OPP.

3. Whether the petitioners are entitled to
compensation on account of damage to
Maruti van No. DDA-7284, if so in what
amount and from whom ? OPP.

4. Whether respondent No. 4 is not liable to
indemnify respondents No. 1 and 2 in case
they are ordered to pay compensation to the
petitioners as alleged in the preliminary
objections ? OPR-4.

5. Relief.

Subsequent to framing of the issues, both the claim petitions

were consolidated. Evidence was, however, led in M.A.C.T. Case No. 61 of

1990.

After persuing the evidence and hearing learned counsel for the

parties, learned Tribunal held that the accident in question was the result of

rash and negligent driving of the bus by Kishan Lal as a result of which,

Sukhbir Singh sustained fatal injuries, besides damage being caused to the
F.A.O. No. 10 of 1992 -6-

Maruti van. Taking the salary of Rs.1983.50p and the perks, which Sukhbir

Singh used to receive, into consideration learned Tribunal assessed the

monthly dependency of the claimants at Rs. 1,800/-. Multiplier of 18 was

applied as the deceased was 33 years of age at the time of his death.

Accordingly, the claimants were held entitled to receive an amount of

Rs.3,88,000/- as compensation on account of the death of Sukhbir Singh in

the accident. As regards the damage to the vehicle, learned Tribunal relied

upon the estimate Ex. P1 proved on the record by Rajinder Vij PW3, to hold

that the Maruti van was badly damaged as a result of which the claimants

suffered a loss of Rs.60,000/-. Resultantly, both the claim petitions were

allowed with costs. In M.A.C.T. Case No. 61 of 1990 titled Chander Kala

and others v. State of Haryana and others, the claimants were awarded a

sum of Rs. 3,88,000/- as compensation on account of death of Sukhbir Singh

and in M.A.C.T. Case No. 60 of 1990 titled Janki Devi and others v. State

of Haryana and others, an amount of Rs.60,000/- was awarded as

compensation on account of damage to the Maruti van. The claimants were

also held entitled to interest on both the amounts at the rate of 12% per

annum from the date of institution of the claim petitions till the date of

realisation. The liability of all the four respondents in both the claim

petitions was ordered to be co-extensive.

Aggrieved of the aforementioned award, National Insurance

Company Limited, along with General Manager, Haryana Roadways and

Kishan Lal, driver have filed F.A.O. No. 10 of 1992 against the grant of
F.A.O. No. 10 of 1992 -7-

compensation in respect of damage to the Maruti van and F.A.O. No. 11 of

1992 against awarding of compensation on account of death of Sukhbir

Singh.

Learned counsel for the appellants in both the appeals has

submitted that the accident in question had taken place on account of rash

and negligent driving of the Maruti van by Sukhbir Singh-deceased and not

on account of the driving of bus by Kishan Lal. This fact is also

corroborated by the report lodged by Kishan Lal, driver. The claimants had

not led sufficient evidence to establish the income which Sukhbir Singh

deceased used to receive every month and, therefore, the dependency of Rs.

1,800/- per month as calculated by the learned Tribunal is on the higher side.

As the deceased was 33 years of age at the time of the accident, the

multiplier of 18 applied by the learned Tribunal was again on the higher side.

Even compensation granted on account of damage to the van was liable to be

reduced.

Learned counsel for the claimants/respondents opposed the

appeals on the ground that it was Kishan Lal, driver, who was rash and

negligent in driving the bus and by coming over to the wrong side of the

road, hit the bus against Maruti van driven by Sukhbir Singh as a result of

which the latter lost his life. The accident was witnessed by Chhattar Singh

and Devinder Singh, who were travelling in the bus driven by Kishan Lal

and they testified that the bus driver was driving the bus at a high speed and

in order to avoid hitting a cyclist, who was going in front of the bus, he took
F.A.O. No. 10 of 1992 -8-

a turn towards the right. In the process, he lost control over the vehicle and

hit the Maruti van, which was on its left side. As regards the income and

perks, which were received by Sukhbir Singh-deceased, learned counsel

submitted that last pay drawn stood proved by the testimony of Balwan

Singh PW4, who proved such a certificate Ex.P.2. As the deceased was 33

years of age, learned Tribunal was justified in applying the multiplier of 18

for granting compensation to the claimants.

I have heard learned counsel for the parties and perused the

entire record.

Admittedly, at the time of the accident, Sukhbir Singh-deceased

was the lone occupant of the Maruti van, which he was driving and

proceeding from Rohtak to Meham. After the accident, which admittedly

was on account of a collision between the Maruti van and the Roadways bus,

Kishan Lal, driver appeared to have taken the advantage of narrating a

version to the police as it suited him. In such like situation, any ordinary man

would make self serving statement, instead of coming out with a truthful

version and, that too, when possibility of that person being held responsible

for causing the accident could not be ruled out. Under these circumstances,

no reliance can be placed upon the version given by Kishan Lal, driver to the

police that it was Sukhbir Singh-deceased, who was driving Maruti van in a

rash and negligent manner and as a result of which, the accident took place.

On the other hand, there are testimonies of Chhattar Singh PW6 and

Devinder Singh PW7, who were sitting in the bus in question as passengers
F.A.O. No. 10 of 1992 -9-

at the time of the accident. Both of them supported the case of the claimants

by deposing before the learned Tribunal that the driver of the bus was

driving it at a high speed and when a cyclist came infront of the bus, the

driver tried to avoid hitting him by taking the bus towards the right side. In

the process, he lost control over the bus and hit Maruti van coming on its left

side. Apart from the testimonies of Chhattar Singh and Devinder Singh there

is evidence of Harish Chander Photographer PW2, who proved photographs

Ex. P4 to P6. A look at the photographs would show that the bus was

damaged on its right side and its front portion was on the wrong side of the

road. The Maruti van was shown standing on its left side. It is, thus,

established that the bus had gone to its wrong side as a result of which the

accident in question had taken place leading to the death of Sukhbir Singh

and damage to the Maruti van.

Naik Clerk Balwan Singh, PW4 proved Last Pay Certificate of

Sukhbir Singh as Ex. P2 as per which his pay was Rs.1983.50p. He also

stated that everyone posted in military gets free meals and even when one is

on leave, he gets payment in lieu of free meals. Besides, according to

Chander Kala PW1, the deceased used to obtain benefits worth Rs.400/-

every month. Under these circumstances, the dependency of Rs.1,800/- every

month as calculated by the learned Tribunal cannot be said to be on the

higher side. Though the claimants stated that Sukhbir Singh died at the age

of 30 years, yet matriculation certificate Ex. P8 showed that the deceased

was born on 10.1.1957. As such he was 33 years of age at the time of the
F.A.O. No. 10 of 1992 -10-

accident. After taking into consideration the age of the deceased as 33 years,

learned Tribunal applied the multiplier of 18 in determining the

compensation payable to the claimants on account of death of Sukhbir Singh.

The claimants had got damaged Maruti van examined from a

workshop at Faridabad in order to get an estimate of the cost to be incurred

on its repairs. Rajinder Vij PW3 proved the estimate Ex.P1, as per which Rs.

63,000/- was the likely expenditure in conducting the repairs of the van. For

that reason, learned Tribunal did not commit any error in granting an amount

of Rs.60,000/- as compensation to the claimants for the damage to the Maruti

van.

Resultantly, there is no merit in both the appeals, which are,

therefore, dismissed. No costs.





                                                     ( T.P.S. MANN )
March 09, 2009                                            JUDGE
satish




                   Whether to be referred to the Reporters : YES/NO