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| HC decides cross-appeals, enhances compensation | | |
JAMMU, JUNE 12- Justice JP Singh of Jammu and Kashmir High Court, Jammu wing, enhanced compensation awarded by the Motor Accident Claims Tribunal.
While deciding a law point whether an accident caused even the vehicle is stationary, Justice Singh held victims entitled for compensation and even enhanced the compensation amount awarded by the Motor Accident Claims Tribunal from 2, 90, 000 to 4, 13, 000.
This landmark judgment was passed in cross-appeals filed by the Oriental Insurance Company Ltd against the award passed by MACT Kathua, the other appeals filed by the families of two laborers who were engaged in unloading marble slates from a truck at Kathua in which two labourers got killed on February 12, 2000.
Justice Singh, after hearing Advocate DS Chouhan appearing for the Insurance Company and Advocate Ragu Mehta appearing for the family of the laborers, observed that law laid down by the Supreme Court of India is enough to cover the present case because the owner of the truck had permitted it to be driven for being brought on the national highway where after during unloading of marbles slates from the truck the accident had taken place, resulting in death of labourers Tilak Raj and Nagar Mal. Use of the motor vehicle, in any manner whatsoever, regardless of its being stationary, would entail a tortuous liability on the owner of the vehicle who permits its use in any such manner which may result in loss of life or damage to any one. The owner of the vehicle being a person Incharge of the vehicle having permitted the vehicle to be brought on road and thereafter permitted its use in a manner resulting into death of two labourers, cannot escape his liability arising out of the accident to pay compensation.
Likewise in view of the provisions of section 145 of the Motor Vehicles Act, the indemnifier, and insurance company too cannot escape its statutory, besides contractual liability to indemnify the owner against third party risk, the Judge observed. This is so because the liability of the Insurance Company arises out of the use of the motor vehicle, which has wider connotation and not only because of the driving of the vehicle. Court supported in taking this view by a judgment titled Ram Chandra and others VS Rajasthan state Road Corp & Ors.
Justice JP Singh while deciding the cross appeals further observed that the annual dependency would thus be Rs 28800 applying the same multiplier, which was selected by the Tribunal which is lesser the one mentioned IInd schedule of the MV Act, the multiplicand would came to Rs 403200. The claimant had not justified their claim for enhanced amount for loss of consortium and funeral expenses as mentioned in their claim petition. The Tribunal was therefore right in awarding an amount of Rs 5000 on account of loss consortium and Rs 5000 on funeral expenses. Adding these two components the total amount of compensation would comes to Rs 4, 13, 200 in each claim petition. The awarded amount shall carry interest @ 6% per annum from the date of application till its realizations, The Justice Singh ordered..
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