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| HC allows appeal, dismisses claim petition | | Insurance Company challenges award | | Early Times Reporter
JAMMU|Sep 7 - In a rarest of the rare case where the High Court dismissed the claim petition filed by legal representative of deceased who died in Motor Accident, Justice Nirmal Singh of J&K High Court Jammu Wing in an appeal filed by New India Assurance Company against the award passed on July 28, 1998 vide which the claim petition filed by the sons of the deceased has been accepted by the Tribunal and a sum of Rs 1, 14, 500 awarded as compensation on account of death of their mother Lalita Dhar, has allowed the appeal and findings recorded by the Motor Vehicle Accident Tribunal on issue of rash and negligent driving and also set-aside the claim petition.
The facts of the case are that Lalita Dhar mother of claimants was traveling in a Maruti Car bearing No 2753-JKE on June 18, 1992 from Jammu to Srinagar .When the car reached at Chanderkote it went out of the control of Hira Lal Dhar who was driving the car in a rash and negligent manner and car fell down into Khud causing death of Lalita Dhar. A case was registered u/s 279, 337, 304-A RPC in the P/S Batote. The claimants being the sons of the deceased filed a claim petition for compensation to Rs seven lakhs by pleading that the monthly income of the deceased was Rs 4500. It was pleaded that at the time of accident, the car was insured with New India Assurance Company. Hira Lal Dhar admitted that the vehicle was driven by him but denied that he was driving the car in rash and negligent manner or that death was caused due to his negligence. It was also pleaded that the vehicle was owned by one Farooqi M Ahmed insured with the appellant but it was denied that the deceased was having the income of 4500 per month. Tribunal farmed issues whether the vehicle was being driven by respondent rashly and negligently resulting in death of Lalita Dhar on June 18, 1992, whether accident was caused due to rash and negligent driving and after recording the evidence of the parties, the Tribunal decided both the issues against the Insurance Company and passed the award in favour of claimants. Aggrieved by this order, the Insurance Company filed this appeal in High Court.
Justice Singh, after hearing Adv RK Gupta appearing for the Insurance Company and Adv PN Goja appearing for the claimants Dr. Sandeep Dhar and Sudhir Dhar and also perusing the record, referred various judgments and observed that the claimants are not entitled to any compensation. Admittedly, the deceased was 52 yrs of age at the time of her death and she was not residing with the claimants. Sandeep Dhar in his own witness had deposed that he was posted at Banglore and deceased was not leaving with him. Sudhir Dhar has also deposed that the deceased was not leaving with him and she was residing with her husband Hira Lal who was driving the offending vehicle. Hira Lal Dhar in his reply has stated that he has no knowledge with regard to the income of the deceased. In view of the reply filed by Hira Lal Dhar who is the husband of the deceased, it is established that deceased was having no income nor the claimants were dependent upon her. The deceased was dependent on her husband Hira Lal Dhar. Even otherwise if she was rendering any help that was being rendered to Hira Lal Dhar only, if any loss has occurred that is to Hira Lal Dhar who is debarred from claiming the compensation because the accident has occurred due to his act. Therefore, assessment of the income of the deceased and the award passed by the Tribunal in favour of the claimants is not in consonance with the law. MV Act is social legislation certainly the technicalities and niceties cannot be allowed to rise in order to defeat the purpose of the Act. But when the claim is not genuine, the claimants certainly have to cross the technicalities and niceties of the law, as the accident is not a bonanza for the claimants. With these observations Court allowed this appeal and dismissed the claim petition filed by the claimants.
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