FAO No.4243 of 2009(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.4243 of 2009 (O&M) New India Assurance Co.Ltd. ... Appellant VERSUS Smt.Meena Rani and others ... Respondents FAO No.4244 of 2009 (O&M) New India Assurance Co.Ltd. ... Appellant VERSUS Gunjan (minor) and others ... Respondents and FAO No.4245 of 2009 (O&M) New India Assurance Co.Ltd. ... Appellant VERSUS Smt.Meena Rani and others ... Respondents Decided on : August 25, 2009 CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Ashwani Talwar, Advocate assisted by Mrs.Veena Ashwani Talwar, Advocate for the appellant – Insurance Company. A.N.JINDAL, J.- This judgment of mine shall dispose of three connected appeals FAO No.4243 of 2009(O&M) [ 2 ] i.e. FAO Nos.4243 to 4245 of 2009, all, arising out of the judgment dated 24.3.2009 passed by Motor Accident Claims Tribunal, Sonepat, awarding compensation to the claimants – respondents (herein referred as the claimants) as under:- MACT Case No.03 of 2008 (FAO No.4243/2009) - The claimant Meena was awarded compensation to the tune of Rs.57,000/- in respect of the injuries suffered by her. MACT Case No.04 of 2008 (FAO No.4244/2009) – The claimant Gunjan was awarded compensation to the tune of Rs.12,000/- for the injuries suffered by her. MACT Case No.05 of 2008 (FAO No.4245/2009) - The claimants Meena Rani, Gunjan, Aman and Smt. Prem Devi were awarded compensation of Rs.9,11,000/- on account of the death of Parveen Kumar. For the reasons given in the respective applications, the delay in filing the appeals is condoned. The facts giving rise to the controversy are that on 8.12.2007, Parveen Kumar (since deceased) along with his wife Meena Rani, their children and friend Naresh Kumar alongwith his family started from Sonepat for Radha Swami Dera Bias (Punjab) in Indica Car bearing Reg.No.HR-10J-4393. Naresh Kumar was on the wheels. At about 1.30 a.m, on 9.12.2007, when they reached in the area of village Shahpur, Police Station Parav, District Ambala, in the meantime, Satish Kumar – respondent (herein referred as respondent Satish Kumar) while driving truck bearing Reg.No.HR56P-1795 rashly and negligently was seen going FAO No.4243 of 2009(O&M) [ 3 ] ahead of them. Naresh Kumar after giving indicator for over-taking the said truck tried to overtake it, but the respondent without giving indication turned the truck by giving sudden cut to the vehicle towards `Gatta' factory and applied sudden brakes. Naresh Kumar tried to avoid the accident, but the car struck against the right side of the truck. Resultantly, the car hit the truck. Consequently, all the occupants of the car suffered injuries. Parveen Kumar succumbed to the injuries on 10.12.2007. FIR No.272 dated 9.12.2007 was registered at Police Station Parav, District Ambala. Consequently, the present claim petitions were also filed by the aforesaid claimants. The claim petitions were contested by the appellant – Insurance Company and on the pleadings of the parties, the following issues were framed:- “1. Whether the accident took place on account of rash and negligent driving of truck No.HR-56P-1795 by respondent No.1, as alleged? OPP 2. Whether the petitioners are entitled to get compensation, if so, to what amount and from whom? OPP 3. Whether the respondent No.1 was not holding a valid and effective driving licence at the time of accident and the insured violated the terms and conditions of the insurance policy, as alleged, if so to what effect? OPR-3 4. Relief.” In support of their case, the claimants examined Meena Rani FAO No.4243 of 2009(O&M) [ 4 ] (PW1), B.C.Makkar, Office Superintendent, Income-tax office (PW2), Jagpal, Additional Ahlmad (PW3), Dr.Sanjay Soni (PW4) Naresh (PW5) and Naveen Sharma (PW6). They also tendered into evidence documents Ex.P1 to P38. To the contrary, respondent driver Satish Kumar appeared as RW1 and tendered into evidence copy of his driving licence as Ex.R1. Meena Rani (PW1) while appearing in the witness box has fully supported the case, so as Naresh (PW5). It has also been established on the record that the car driver was maintaining sufficient distance from the truck and it was only in the process of over-taking when respondent Satish Kumar gave a sudden cut, while applying brakes, without giving indicators. Naresh (PW5) has categorically stated that while the car was in the process of over-taking, the driver of the truck suddenly applied brakes and turned it towards the `Gatta' factory, as a result of which the accident took place. Jagpal (PW3) proved the report (Ex.P32) under Section 173 of the Code of Criminal Procedure and established that the case was registered and challan was presented. To the contrary, no plausible evidence has come forth from the side of the appellant (respondent in the claim petitions) to establish that respondent Satish Kumar was not holding a valid driving licence. As regards the quantum of compensation, counsel for the appellant has not challenged the amount of compensation as awarded to Gunjan and Meena Rani for the injuries suffered by them. However, much stress has been given on the quantum of compensation as awarded to Meena Rani and others on account of the death of Parveen Kumar. FAO No.4243 of 2009(O&M) [ 5 ] The deceased was 36 years of age. Copy of the post mortem report (Ex.P31) reveals that the deceased was 37/38 years old. The PAN (Permanent Account Number) card (Ex.P33) bears the date of birth of the deceased as 10.2.1971. As such, it could well be determined from the aforesaid documentary evidence that the deceased was 36 years of age at the time of the accident. While placing reliance upon the income tax returns, the Tribunal after deducting 1/3rd towards the self-dependency of the deceased and applying the multiplier of 14 as also by awarding Rs.5000/- as loss of consortium and Rs.10,000/- for transportation of the body, funeral and last rites, awarded total compensation of Rs.9,11,000/-, which appears to be quite fair and reasonable. No grounds to interfere. Thus, all the appeals are dismissed. August 25, 2009 ( A.N.JINDAL ) `gian' JUDGE