Civil Appeal No 1455 of 1969 Appeal by Special Leave from the Judgment and Order dated 7 12 1967 of the Punjab and Haryana High Court in FAO No 10 of 1963
Hardev Singh and R section Sodhi for the Appellants
R A Gupta for Respondent No 1
V C Mahajan Naunit Lal and Kailash Vasdev for Respondent No 2
The Judgment of the Court was delivered by KAILASAM J
This appeal is by special leave granted by this Court to Bishan Devi widow of late Bhagwan Das and her four children against the judgment and order dated 7th December 1967 of the High Court of Punjab  Haryana dismissing the Claimants  FAO No 10 of 1962 against the award of Punjab Motor Accidents Claims Tribunal Chandigarh dismissing their claim
The appellants filed a petition on 4th September 1961 before the Chairman Motor Accidents Claims Tribunal Punjab Chandigarh alleging that the husband of the first appellant died by having been run over by a lorry at midnight between the 8th and 9th July 1961 at about a distance of 60 feet from the road
It was alleged that the truck was coming from Jullundur and it took a sudden turn and ran over the first appellant s husband Shri Bhagwan Das and that it was being driven in a rash and negligent manner
The appellants 2 to 5 were the minor children of the first appellant all of them being below 11 years 303 of age on the date of the filing of the petition
It was alleged that the monthly income of the deceased was Rs 109 per month and a claim was made for Rs 50000 as compensation
The respondents to the petition were 1 Sirbaksh Singh and 2 The Motor Owners  Mutual Insurance Co Ltd Belgaum the insurer
The written plea was filed by the second respondent the insurer on 10th October 1961
Some of the pleas are noteworthy and it is necessary to set them out in some detail
In para 4 the insurer pleaded that the truck was stolen by somebody while it was standing
A report to the police was made to this effect
Whoever made this accident if any drove the truck without the consent of the owner and therefore the respondents are not liable
In its reply parawise in paragraph 1 it reiterated This truck did not meet with any accident nor was any intimation sent to the replying respondent
In paragraph 2 it was again reiterated No accident took place as alleged
Somebody stole away the truck without the knowledge of the owner or driver
The respondents are not liable to pay any compensation
The person liable is the person who was driving the truck at the relevant time and not the owner
 In paragraph 11 it was pleaded that the replying respondent is in any case absolved from any possible liability in connection with the alleged accident under the provisions of Sections 95 and 962 of the 
In paragraph 12 it was stated that the offending vehicle was being driven at the relevant time by a driver who had no driving licence and was not even an authorised driver of respondent No 1 as he had stolen the truck and the owner is therefore not liable
Again in paragraph 13 the insurer pleaded that the truck at the time of the accident was being unauthorisedly used and driven without the permission or authority of the owner
As the truck was being used without the authority of the owner therefore the owner is not vicariously liable for the tort
The replying respondent is therefore also not liable The first respondent the owner of the vehicle filed his written statement on 16th November 1961
In his statement he stated while dealing with the merits in paragraph 1 that this truck did not meet with any accident nor was any intimation sent to the replying respondent
In paragraph 2 he stated that No such accident occurred as alleged in which the husband of the applicant may have been killed due to the negligence of the driver of respondent No 1
Allegation of negligence on the part of the driver is denied as incorrect
 On these pleadings parties went to trial
The claimants examined 5 witnesses AWs 1 to AWs 5
AW 1 is Bachan Singh
He was sleeping on the night of occurrence on the roof of the Trade Union Office
The witness and others heard hue and cry at night when the offending truck 304 ran over the deceased
Bachan Singh and others came down and extricated the deceased and two other persons from underneath the truck
The deceased died at the spot and two other injured were removed to the Civil Hospital Jullundur
AW 2 is Darshan Singh
He stated that he was sleeping in his truck on the night of the accident
He on hearing the alarm got up and saw the two constables where the accident had taken place
Bhagwan Das was extricated from underneath the truck with two other injured persons
Bhagwan Das died at the spot
According to the witness the accident took place at 2 AM and the deceased was carried in the same offending truck to the hospital
AW 3 is not a material witness as he does not speak of the incident but only saw the dead body and identified it
AW 4 is Shiv Charan Das
He and another constable were on patrol duty on the night of the occurrence
At 1 am the truck came from Jullundur side at a fast speed and turned towards the adda of the Union
Three persons including the deceased were sleeping on the kacha on cot which were run over
The deceased was injured seriously
He along with others were removed to the Civil Hospital Jullundur in the same truck
The witness lodged the FIR with the ASI who came at the spot from Kartarpur
In cross examination the witness stated So far as I remember Anoop Singh had no driving licence AW 5 was on patrol duty along with AW 4 and at about 1 am he saw the truck coming from Jullundur side with registration No PNJ 6430 at a fast speed
The truck turned to its left and overran the three cots on which three persons were sleeping and struck against the door of union office
The sleepers on the cots were injured and Bhagwan Das had died subsequently
According to the witness one Anoop Singh was driving the truck
In cross examination he stated I do not know if Anoop Singh possessed the driving licence
On the side of the respondents three witnesses RWs
1 to 3 were examined
1 is the owner of the vehicle
He stated that on the night of the occurrence they drove the truck from Jullundur to Jallowal his village and parked it at 1130 pm on the roadside
They left the truck and slept in their houses
They were informed by one Ishar Singh that the truck was missing
They left in search of the truck at about 1 am at Bhogpur
At Bhogpur they learnt at 130 am that the said truck was involved in an accident
He did not know who removed the truck
Though he went to report the loss of the truck to the police as he learnt that the truck was caught in an accident he did not go to the police station and lodge the report about the theft of the vehicle
He denied that Anoop Singh was driving the truck and caused the accident
2 is Anoop Singh
He stated that he did not know driving 305 and had not driven the truck in question nor did he cause any accident
The evidence of RW
3 is not material
On the pleadings and the evidence referred to the Motor Accidents Claims Tribunal came to the conclusion that the claimants had failed to establish the identity of the driver and that the claimants were not even aware of the name of the driver who had driven the offending truck
Thus the applicants had failed in proving their case
In view of this finding the Claims Tribunal observed that it had no other alternative but to decide the issue against the applicants
Because of this finding it felt it was not necessary to discuss the other issues
The appeal by the claimants was rejected by the High Court
The High Court agreed with the finding of the Claims Tribunal and observed that There is no doubt that the evidence on record is not enough to show that Anup Singh or any other person directly or tacitly authorised by Sirbaksh was driving the truck at the time of accident
Anup Singh as is evident from the material on the record did not possess the driving licence
It is difficult to believe that Sirbaksh Singh could have allowed him to drive his truck without a driving licence
 Holding that the truck was stolen by some irresponsible person who did not know driving and caused the accident by his reckless driving the High Court found that the owner of the truck cannot be held to be responsible
It is distressing to note that neither the Claims Tribunal nor the High Court considered the relevant evidence in the case
The claim was rejected by the Tribunal on the ground that the identity of the driver had not been established and by the High Court on the ground that It is evident that Anoop Singh did not possess a driving licence and that the truck was stolen by some irresponsible person who did not know driving and that the owner cannot be held to be responsible
We cannot help observing that the plea put forward by the insurer is on the face of it frivolous and totally unacceptable
According to the insurer by his written statement which was filed on 10th October 1961 a month before the written statement of the owner was filed it was pleaded that somebody stole away the truck without the knowledge of the owner or the driver
It was further contended that the vehicle was being driven at the relevant time by a person who had no driving licence and was not even an authorised driver of respondent No 1 as he had stolen the truck
The plea of the owner in his written statement which was filed on 16th November 1961 more than a month thereafter is that This truck did not meet with any accident nor was any intimation sent to the replying respondent
It may be noted that in this written statement which was filed after a fairly long interval there is no allegation by the owner that the truck was stolen
We do not know 306 on what basis the insurer about a month before the written statement was filed by the owner alleged that the truck was stolen without the knowledge of the owner or the driver
While the owner did not complain about any theft of the vehicle the insurer professes further knowledge that the vehicle was driven by somebody who had no driving licence without the authorisation of the owner
The FIR was lodged at the police station at 4 30 am at Kartarpur which is 12 miles from the scene of occurrence
The occurrence took place at about 2 am
In the FIR which was lodged without any delay Shivcharan Das Constable who is examined as AW 4 stated that he was on patrol duty along with Joginder Nath and when they reached the pucca road near Truck Stop Union Bhogpur the truck No 6430PNJ which was being driven by Anoop Singh driver at a very fast speed and carelessly came and turned to the left below the road towards Truck Union
The truck overran the three cots and collided against the doors of the room of Truck Union Office and stopped
All the three cots were smashed and the three persons sleeping over them were seriously injured
He further stated that Anoop Singh ran away leaving the truck
The injured along with the deceased were taken to the Civil Hospital Bhogpur for treatment
As the doctor was not present the two injured were taken to Jullundur in the same truck
The FIR was immediately registered
This witness in his evidence corroborated what he stated in the FIR The evidence of AW4 was also corroborated by the testimony of AW 5 Joginder Nath who was on patrol duty along with AW 4
He stated that at about 1 am a truck came from Jullundur side with registration No PNJ 6430 with fast speed
It turned to its left and overran the three cots in which three persons were sleeping and struck against the door of the Union s office
The Motor Accidents Claims Tribunal rejected the evidence of AWs
4 and 5 on the ground that as the time of accident is said to be 1 am it is not possible for the witnesses to have recognised the driver
The evidence of AW 4 was rejected as he failed to identify Anoop Singh
5 stated that he knew Anoop Singh and that it was he who was driving the truck and that Anoop Singh ran away after causing the accident
Neither AW 4 nor AW 5 was asked that they would not have been in a position to see the driver as they were about 30 to 40 yards away when the accident took place
According to AW
4 the deceased and the other injured were removed to the Bhogpur hospital and from there to the Jullundur hospital in the same truck
We fail to understand the basis on which the Claims Tribunal came to the conclusion that the identity of the driver was not established
Equally unacceptable is the conclusion of the High Court that as suggested by the counsel for the respondents the truck was stolen by some irres 307 ponsible person who did not know the driving and by his reckless act caused the accident
 There has been practically no discussion of the evidence of AWs
4 and 5
There is no reference to the prompt FIR lodged by AW 4 who was on patrol duty wherein the material particulars about the incident and the driver have been furnished
The suggestion made by the counsel for the respondents that the truck was stolen as pointed earlier was not pleaded by the owner of the vehicle even though he filed his written statement on 16th November 1961 about a month after the date of the occurrence
All that the owner stated was that the truck did not meet with any accident
When he was examined he stated that he parked the truck at 11 30 pm on the roadside but when he returned he found the truck missing
He left in search of the truck at 1 am and learnt at 1 30 am that the truck was involved in an accident
Though he went to report the loss of the truck as he learnt that it was involved in an accident he did not go to the police station and lodge a report regarding theft
This statement is directly contrary to what he stated in the written statement that the truck did not meet with any accident
The insurer who filed his written statement a month before the owner filed the written statement stated that the truck was stolen by somebody and that a report to the police was made to this effect
No such report was ever made to the police and this statement is clearly false
Later in the course of the statement the insurer stated that the truck did not meet with any accident
He further went to the extent of stating that somebody stole away the truck without the knowledge of the owner of the driver and that if at all it is only the person who was driving the truck who is liable and not the owner
It is significant to note that no one was examined to substantiate the facts alleged in the written statement of the insurer
The insurer was not satisfied with the above mentioned false frivolous and irresponsible allegations
He proceeded to state that the driver who was driving the vehicle did not have a driving licence and was not the authorised driver of the owner as he had stolen the truck
Apart from not examining himself the insurer did not make any attempt to substantiate his plea that the driver who was driving the vehicle did not have the driving licence
We are constrained to state that the plea taken by both the owner and the insurer is palpably false and made without any sense of responsibility with a view to somehow escape the liability
It is most unbecoming of an insurance company to have acted in this callous and irresponsible manner
There is no finding by the Claims Tribunal that the truck was driven by an unauthorized person
The High Court found that the truck ought to have been stolen and driven by some irresponsible person who did not know the driving
The High Court has stated Anoop Singh as is 308 evident from the material on record did not possess the driving licence
The evidence that Anoop Singh was driving the vehicle was given by AWs
4 and 5 the policemen on patrol duty
According to AW
4 the truck was driven by Anoop Singh
In fact in his FIR he stated that it was Anoop Singh who was driving the truck
In cross examination the witness stated that the case against Anoop Singh is still pending in the court and as far as he could remember he had no driving licence
5 when questioned stated I do not know if Anoop Singh possessed the driving licence
According to the owner Anoop Singh was not the driver and it was wrong to say that Anoop Singh was driving the truck and caused the accident
Anoop Singh when examined as RW2 stated that he did not know driving and had not driven the truck in question nor did he cause any accident
As we have pointed out earlier the evidence of the owner of the truck is totally unreliable
The evidence of RW 2 is self serving and is made with a view to escape the prosecution that was launched against him
The only material about Anoop Singh not having a driving licence is the statement of AW 4 in cross examination that he did not remember whether Anoop Singh had a licence and that of AW 5 that he did not know whether Anoop Singh possessed the driving licence
It is surprising that the High Court observed It is evident from the material on record that Anoop Singh did not possess the driving licence Under Sec
962 b ii the insurer can defend a claim for compensation on the ground that the vehicle was driven by a person who was not duly licensed
Apart from making the averment in his written statement the insurer did not take any steps to establish that the vehicle was driven by a person who was not properly licensed
The evidence of AWs
4 and 5 who have been examined clearly establishes that Anoop Singh was driving the vehicle
The two stray suggestions and the reply given by the two witnesses is not sufficient to establish that Anoop Singh was not licensed to drive a truck
It is the duty of the insurer to have substantiated his plea
We have no hesitation in rejecting the insurer s plea as false especially as the owner who filed the written statement a month later did not support the former s plea
The deceased at the time of his death was working as Patwari and was drawing Rs 109 pm as his salary
The wife of the deceased Bishan Devi as AW 6 has deposed that the deceased was drawing a salary of Rs 10950 per month out of which he used to handover Rs 100 to her for household expenses
The deceased had many more years to go and his contribution to the household which consisted of his wife and four children would have increased
In the circumstances we feel that a compensation of Rs 20000 and costs of 309 Rs 2500 in all the courts is payable by the two respondents to her and the four children
The wife and the four children will take the amount equally
The amount of Rs 20000 will bear interest at 6 per annum from the date of the claim ie from 4th September 1961
There will be a joint decree against both the respondents
The instant case brings into focus the difficulties experienced by dependants in obtaining relief before the Motor Accidents Claims Tribunal
The victim in this case Bhagwan Das was run over by a Motor vehicle on the night between 8th and 9th July 1961 leaving behind him his wife Bishan Devi and four minor children
For Eighteen long years they have been before courts asking for some compensation for the death of their bread winner due to rash and negligent driving of a motor vehicle
One is tempted to remark that they would have been better of but for their hope of getting some relief in courts
They not only had to spend their time in courts but to borrow to fight for their rights
It is common knowledge that such helpless and desperate condition is exploited by unscrupulous persons who manage to get away with the bulk of the compensation money if and when the claimants succeed in getting it
The law as it stands requires that the claimant should prove that the driver of the vehicle was guilty of rash and negligent driving
The burden thus placed is very heavy and difficult to discharge by the claimant
The records of police investigation are not made available to the Tribunal
The officers who investigated the accident are seldom available to give evidence before the Claims Tribunal and assist in coming to a proper conclusion
The insurance company in quite a few cases as in the present one takes an unreasonable stand and raises all sorts of untenable pleas just to thwart relief to the dependants
In many of the claims it turns out to be beyond the capacity of the claimant to maintain his claim in a court of law
Due to the inordinate delay in disposal of claim petitions before the motor Claims Tribunal the badly needed relief to the claimants is not available for several years
Further time is taken in appeals
All along the dependants will have to carry on without any relief
It has been time and again pointed out by courts that insistence of proof of rash and negligent driving causes considerable hardship on the claimants
We may point out that repeated suggestions have been made by this Court and several High Courts expressing the desirability of bringing a social insurance which would provide for direct payment to the dependants of the victim
This Court in Minu B Mehta and Anr
vs Balkrishna Ramchandra Nayan and Anr has referred to the deci 310 sion of the Kerala High Court in Kasavan Nair vs State Insurance Officer where the High Court expressed itself thus Out of a sense of humanity and having due regard to the handicap of the innocent victim in establishing the negligence of the operator of the vehicle a blanket liability must be cast on the insurers
 The Madras High Court in Ms Ruby Insurance Co Ltd vs V Govindaraj and Ors has suggested the necessity of having social insurance to provide cover for the claimants irrespective of proof of negligence to a limited extent say Rs 250 to Rs 300 a month
In a recent decision in the State of Haryana vs Darshan Devi  Ors
this Court observed Now that insurance against third party risk is compulsory and motor insurance is nationalised and transport itself is largely by State Undertakings the principle of no fault liability and on the spot settlement of claims should become national policy
 Unless these ideas are accepted by the legislature and embodied in appropriate enactments Courts are bound to administer and give effect to the law as it exists today
It is for the legislature to make provisions for immediate and adequate relief to the dependants in motor accident cases
The legislature may consider making the liability to pay minimum compensation absolute as is provided for to the dependants of victims in rail and air accidents
When a person dies in a motor accident the number of his dependants and the period of their dependency may be ascertained
The minimum compensation may be paid every month to the dependants according to their share for the period to which they are entitled
The insurance companies are now nationalised and the necessity for awarding lump sum payment to secure the interest of the dependants is no longer there
Regular monthly payment could be made through one of the nationalised banks nearest to the place of residence of the dependants
Payment of monthly instalments and avoidance of lump sum payment would reduce substantially the burden on the insurer and consequently of the insured
Ordinarily in arriving at the lump sum payable the Court takes the figure at about 12 years payment
Thus in the case of monthly compensation of Rs 250 payable the lump 311 sum arrived at would be between 30000 and 35000 
Regular monthly payment of Rs 250 can be made from the interest of the lump sum alone and the payment will be restricted only for the period of dependency of the several dependants
In most cases it is seen that a lump sum payment is not to the advantage of the dependants as large part of it is frittered away during litigation and by payment to persons assisting in the litigation
It may also be provided that if the dependants are not satisfied with the minimum compensation payable they will be at liberty to pursue their remedies before the Motor Accident Claims Tribunal
NVK Appeal allowed


Summary:
The appellants in their claim petition before the Motor Accidents Claims Tribunal claimed Rs 50000 as compensation alleging that the husband of the first appellant was run over by a truck which was driven in a rash and negligent manner
Appellants 2 to 5 were the minor children of the first appellant
The claim was contested by the owner of the truck Respondent No 1 and the insurer Respondent No 2
A written plea was filed by the second respondent contending that the truck had been stolen by somebody while it was standing that a report to the police had been made to this effect and that the truck was driven without the consent of the owner and consequently the respondents were not liable
It was further pleaded that the replying respondent was absolved from any possible liability in connection with the alleged accident under the provisions of Ss 95 and 96 2 of the 
The first respondent in his written statement filed about a month after that of the second respondent contended that the truck did not meet with any accident nor was any intimation sent to the replying respondent
The Motor Accident Claims Tribunal came to the conclusion from the pleadings and evidence that the claimants had failed to establish the identity of the driver and the claimants not even being aware of the name of the driver who had driven the offending truck had failed to prove their case and rejected the claim
The appeal of the claimants to the High Court was rejected the High Court agreeing with the finding of the Claims Tribunal and further holding that the truck was stolen by some irresponsible person who did not know driving and by reckless driving caused the accident and therefore the owner of the truck cannot be held responsible
Allowing the appeal  HELD 1
According to the insurer by his written statement which was filed a month before the written statement of the owner it was pleaded that somebody stole the truck without the knowledge of the owner or the driver
The plea of the owner in his written statement filed more than a month there after was that the truck did not meet with any accident
While the owner did not complain about any theft of the vehicle the insurer professed further knowledge that the vehicle was driven by somebody who had no driving licence 301 and without the authorisation of the owner
Apart from not examining himself the insurer did not make any attempt to substantiate his plea that the driver who was driving the vehicle did not have the driving licence
The plea taken by both the owner and insurer is palpably false and made without any sense of responsibility with a view to somehow escape liability
It is most unbecoming of an insurance company to have acted in this callous and irresponsible manner
305 F H 306B 307G 2
There is no finding by the Claims Tribunal that the truck was driven by an unauthorised person
The High Court found that the truck ought to have been stolen and driven by some irresponsible person who did not know driving
According to AW 4 the truck was driven by RW 2
In fact in the FIR AW 4 stated that it was RW 2 who was diving the truck
In cross examination he stated that the case against RW 2 is still pending in the court and as far as he could remember he had no driving licence
The evidence of the owner of the truck is totally unreliable
The evidence of RW 2 is self serving and is made with a view to escape the prosecution that was launched against him
It is therefore surprising that the High Court observed that it is evident from the material on record that RW 2 did not possess the driving licence
307H 308D 3
Under section 962bii the insurer can defend a claim for compensation on the ground that the vehicle was driven by a person who was not duly licensed
Apart from making the averment in his written statement the insurer did not take any steps to establish that the vehicle was driven by a person who was not properly licensed
The evidence of AWs
4 and 5 clearly establishes that RW 2 was driving the vehicle
308E F 4
The Motor Accident Claims Tribunal rejected the evidence of AWs
4 and 5 on the ground that as the time of accident is said to be 1 am it is not possible for the witnesses to have recognised RW 2 driver
The evidence of AW 4 was rejected as he failed to identify RW 2
AW 5 stated that he knew RW 2 and that it was he who was driving the truck and that he ran away after causing the accident
The basis on which the Claims Tribunal came to the conclusion that the identity of the driver was not established is not acceptable
Equally unacceptable is the conclusion of the High Court that as suggested by the counsel for the respondents the truck was stolen by some irresponsible person who did not know driving and by his reckless act caused the accident
There has been no discussion of the evidence of AWs 4 and 5
306F G H 307A 5
The deceased at the time of his death was working as a Patwari and was drawing Rs 109 per month as his salary out of which he used to handover Rs 100 to Appellant No 1 for household expenses
The deceased had many more years to go and his contribution to the household which consisted of his wife and four children would have increased
Rs 20000 as compensation and Rs 2500 as costs awarded
308H 309A 6
The instant case brings into focus the difficulties experienced by dependants in obtaining relief before the Motor Accidents Claims Tribunal
The law as it exists requires that the claimant should prove that the driver of the vehicle was guilty of rash and negligent driving
The burden thus placed is very heavy and difficult to discharge by the claimant
The records of police investigation are not made available to the Tribunal
The officers who investigated the accident are seldom available to give evidence before the Claims Tribunal and assist it in coming to a proper conclusion
The insurance company in quite a 302 few cases takes an unreasonable stand raises all sorts of untenable pleas just to thwart relief to thee dependants
In many of the claims it turns out to be beyond the capacity of the claimant to maintain his claim in a court of law
It is for the legislature to make provisions for immediate and adequate relief to the dependants in motor accident cases
309B E F 310E 7
The legislature may consider making the liability to pay minimum compensation absolute as is provided for to the dependants of victims in rail and air accidents
When a person dies in a motor accident the number of his dependants and the period of their dependency may be ascertained
The minimum compensation may be paid every month to the dependants according to their share for the period to which they are entitled
The insurance companies being nationalised the necessity for awarding lump sum payment to secure the interest of the dependants is no longer there
Regular monthly payments could be made through one of the nationalised banks nearest to the place of residence of the dependants
Payment of monthly instalments and avoidance of lump sum payment would reduce substantially the burden on the insurer and consequently of the insured
310E G Minu B Mehta  Anr
vs Balkrishna Ramchandra Nayan  Anr 1977
Accidents Claims Journal 118 State of Haryana vs Darshan Devi  Ors 1979 Accidents Claims Tribunal 205 referred to