IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal Against Order No. 367 of 2006 National Insurance Co. Ltd. …Appellant Versus Hira Singh & others ... Respondents Sri D.S. Patni, Advocate for appellant Sri Pramod Belwal, Advocate for respondents no. 1 to 4 Sri Bhupendra Singh Bisht, Advocate on behalf of Sri Amish Tiwari, Advocate for respondent no. 5 Dated: August 7, 2008 Hon’ble B.C. Kandpal, J. This appeal, preferred u/s 173 of Motor Vehicles Act, 1988, is directed against the judgment and award dated 17.05.2006 passed by MACT/District Judge, Almora, in M.A.C.T. No. 45 of 2005, whereby the claim of the claimants was allowed for an amount of compensation to the tune of Rs.1,57,000/- and opposite parties no. 1 and 2 were directed to pay the same. Brief facts of the case are that on 14.11.2004 at about 4.30 p.m. the deceased Smt. Janki Devi was travelling in the Vehicle No. U.A.05/2771. At Sheraghat, due to rash and negligent driving by the driver of the vehicle, the vehicle fell in a Khudd and Smt. Janki Devi sustained injuries and due to these injuries, she died at the spot. Deceased was 28 years old. She was earning Rs.4000/- per month from agricultural and other works. Opposite party no. 1-Meharban Singh-owner of vehicle, has filed written statement and has admitted the factum of accident. in additional pleas 2 it has been stated that the compensation demanded is without any basis. On the fateful day, the vehicle was being driven by the driver carefully. Suddenly, a person tried to cross the road and came before the vehicle, and the driver in order to save the life of that person, used the brakes and suddenly the vehicle fell in a Khudd. Due to this reason, the persons, who were standing there and sitting in the vehicle sustained injuries. There is no mistake on the part of the driver. The vehicle in question was insured with National Insurance Co. Ltd. and if there is any liability for compensation, the insurance company is liable to pay. Opposite party no. 2-National Insurance Co. Ltd. has filed written statement and has denied the contentions of the petition on the ground that Para No. 17 of the petition is not clear. In the additional pleas, it has been stated that it is not clear whether any accident took place or not. The driver of the vehicle was carrying the passengers more than limit and it was the reason of the accident, therefore, the insured has breached the condition of the policy and the liability lies upon the insured not the insurer. It has been further stated that the claimants have not given the number of the policy. The learned Tribunal, on the basis of pleadings of the parties, framed following issues in the claim petition: 1. Whether a motor accident took place on 14.11.2004 at about 4.30 p.m. near Sheraghat Patwari Kshetra Lingunta District Almora due to rash and negligent driving by the driver of D.I. Motor Jeep No. U.A. 05/2771 resulting into the grievous injuries 3 and consequential death of Smt. Janki Devi wife of Hira Singh? 2. Whether on the aforesaid date, time and place, the driver of the jeep in question was not holding a valid driving licence? 3. Whether on the aforesaid date, time and place, the jeep in question was not only insured? 4. To what amount of the compensation, if any, is the claimant entitled and from whom of the parties? Parties led evidence in support of their cases. The learned Tribunal after having considered the entire material available on record and hearing learned counsel for the parties decreed the claim petition for a sum of Rs.1,57,000/-in favour of claimants, against the opposite parties no. 1 and 2. The Tribunal further directed that this amount of compensation is to be paid by opposite parties no. 1 and 2 jointly and severally, to the claimants within a period of sixty days from the date of order. Feeling aggrieved by the impugned aforesaid judgment and award, the appellant/National Insurance Co. Ltd. has preferred the appeal before this Court. Heard Sri D.S. Patni, Advocate for appellant, Sri Pramod Belwal, Advocate for respondents no. 1 to 4, Sri Bhupendra Singh Bisht, Advocate on behalf of Sri Amish Tiwari, Advocate for respondent no. 5 and perused the record. While deciding issue no. 1 whether a motor accident took place on 14.11.2004 at about 4.30 4 p.m. near Sheraghat Patwari Kshetra Lingunta District Almora due to rash and negligent driving by the driver of D.I. Motor Jeep No. U.A. 05/2771 resulting into the grievous injuries and consequential death of Smt. Janki Devi, the Claims Tribunal has recorded the finding that in hills, a vehicle can fell in a Khudd only when the driver has lost control over the steering or he is negligent. The Claims Tribunal has recorded the finding that the accident had taken place due to rash and negligent driving by the driver of the jeep. While deciding issue no. 2 with regard to possession of valid driving licence by the driver of the vehicle in question on the date of accident, the Tribunal has relied upon the copy of accident information report issued by Licence Authority, Haldwani wherein it has been stated that Jagdish Singh had a valid driving licence No. 11475/K/2001 to drive a light motor vehicle and motorcycle and the same was valid upto 30th December, 2004. The Tribunal has recorded the finding that on the date of accident, the driver of said vehicle was holding a valid and proper licence. While deciding issue no. 3 as to whether on the aforesaid date, time and place, the vehicle in question was duly insured, the Tribunal after taking into consideration the insurance cover note issued by National Insurance Company Ltd. has recorded the finding that the vehicle in question was insured with National Insurance Company Limited. While deciding issue no. 4 with regard to quantum of compensation, the Tribunal has taken 5 into consideration the notional income prescribed in 1st Schedule of Motor Vehicles Act as Rs.15,000/- per annum and after deducting 1/3rd of the same, the annual dependency of claimants was worked out to the extent of Rs.10,000/- per annum. Further, the Tribunal has selected the multiplier of 15 and by multiplying the annual dependency of Rs.10,000/- with the multiplier of 15, the amount of compensation was worked out to the extent of Rs.1,50,000/-. The Tribunal has further awarded a sum of Rs.2,000/- towards funeral expenses and Rs.5,000/- towards loss of consortium. Thus, a total of Rs.1,57,000/- has been awarded to the claimants along with interest at the rate of 7 per cent per annum. In view of the above, I do not find any illegality in the impugned judgment and award passed by the Tribunal. The appeal, therefore, is liable to be dismissed being devoid of merits. The appeal is accordingly dismissed. The impugned judgment and award is hereby confirmed. The statutory amount deposited by the appellant with this Court be remitted to the Tribunal concerned. (B.C. Kandpal, J.) SP