Josphine James vs United India Insurance Co.Ltd. & Anr

2. The appellant widow is the mother of the deceased who filed claim petition before the Tribunal claiming compensation on account of the death of her son who was aged about 21 years, in a car accident which occurred on 12.06.1998. The car (bearing registration No. DL 2C F 3431), which he was driving from Jaipur to Delhi, was hit by a truck (bearing registration No. RJ 14 G 7596), which was owned by respondent No.2. and insured with respondent No.1.

3. The claim petition was filed by the appellant before the Tribunal claiming compensation from the respondent for the death of her son caused by the accident. The claim was contested by the respondents. Five witnesses were examined including the appellant herein who produced documentary evidence in justification of her claim. The Tribunal accepted the claim of the appellant and awarded compensation of Rs. 9,00,000/- towards the loss of dependency of the appellant which was determined by the Tribunal by applying the multiplier of 15 to the multiplicand which was arrived at by taking two-third of the monthly salary of the deceased and multiplying the amount by 12 months. Under the conventional heads, the Tribunal also awarded Rs.15,000/- towards funeral expenses and Rs. 50,000/- towards loss of filial affection of the mother. It has further awarded Rs. 3,42,000/- in lump sum towards repair of the appellant’s car which met with the accident. In total, a sum of Rs. 13,07,000/- was awarded by the Tribunal as compensation for the death of her son and the damage caused to her car which met with a roadside accident, with an interest at the rate of 6% per annum from the date of filing the petition till the date of actual payment.

13. It is an undisputed fact that the son of the appellant died in a motor vehicle accident on 12.6.1998, who was the sole earning member of the family. The respondent driver and insurer were initially impleaded as parties but notice could not be served to the driver despite repeated efforts. The driver was therefore later on deleted from the array of parties on the basis of the decisions of various High Courts including Delhi High Court wherein it was held that non-impleadment of driver of the offending vehicle is not fatal to the proceedings in view of the fact that the liability of the owner and the insurer of the offending vehicle is joint and several. The insured was placed ex-parte since he remained absent despite the service of notice upon him in the proceeding whereas the Insurance Company filed written statement wherein it has admitted that on the date of accident the offending truck stood duly insured with it and the insured was respondent No. 2 in the proceedings before the Tribunal.

15. Further, the Tribunal, by applying the principle laid down in the case Susamma Thomas (supra), has awarded Rs.15,000/- towards funeral expenses and Rs.50,000/- for loss of love and affection. Under the heading of pecuniary damages, a sum of Rs. 3,42,000/- is awarded towards the damage caused to the car of the appellant in the accident. In total, a sum of Rs. 13,07,000/- is awarded as compensation in favour of the appellant.

…………………………………………………………J [G.S. SINGHVI] …………………………………………………………J. [V. GOPALA GOWDA] New Delhi, August 14, 2013