Case Note & Summary
The present appeal was filed by the New India Insurance Company Ltd. against the judgment and award dated 29.01.2016 passed by the Motor Accident Claims Tribunal (Auxiliary), Gandhinagar in MACP No.203/2007. The Tribunal had partly allowed the claim petition and awarded Rs.19,92,000/- as compensation along with 9% interest per annum from the date of filing till realization. The accident occurred on 03.02.2007 when the deceased Dilipsinh Pratapsinh was travelling with his wife in an auto-rickshaw bearing registration No.GJ-18-T-5751. The auto-rickshaw was driven rashly and negligently by the original opponent No.1/respondent No.6, causing it to turn turtle. The deceased sustained grievous injuries and succumbed to them during treatment. An FIR being I C.R. No.6/2007 was lodged at Rakhiyal Police Station. The claimants stated that the deceased was aged 32 years and worked at Sargudi Primary School, drawing a monthly salary of Rs.8,744/-. They sought compensation of Rs.20,00,000/-. The insurance company filed a written statement at Exh.15 denying the averments. The Tribunal, after considering pleadings and evidence, partly allowed the claim. The insurance company appealed, contending that the compensation was excessive and that there was a breach of policy conditions as the driver did not have a valid driving license. The High Court examined the evidence and found that the Tribunal had correctly assessed the income of the deceased at Rs.8,744/- per month, added 50% towards future prospects as per the decision in National Insurance Co. Ltd. v. Pranay Sethi, and applied a multiplier of 16. The Court held that the compensation was just and proper. Regarding the breach of policy conditions, the Court noted that the insurance company failed to lead any evidence to prove that the driver did not have a valid driving license. Therefore, the appeal was dismissed.
Headnote
A) Motor Accident Claims - Compensation - Future Prospects - Deceased aged 32 years, a school teacher earning Rs.8,744/- per month - Tribunal added 50% future prospects and applied multiplier of 16 - Held that the award is just and proper and does not require interference (Paras 5-7). B) Motor Accident Claims - Breach of Policy Conditions - Insurance Company alleged that the driver did not have a valid driving license - No evidence led to prove breach - Held that in absence of evidence, the insurance company is liable to pay compensation (Paras 8-9).
Issue of Consideration
Whether the learned Tribunal erred in awarding compensation of Rs.19,92,000/- and whether there was any breach of policy conditions by the insured.
Final Decision
The appeal is dismissed. The impugned judgment and award dated 29.01.2016 passed by the Motor Accident Claims Tribunal (Auxiliary), Gandhinagar in MACP No.203/2007 is confirmed. No order as to costs.
Law Points
- Motor Accident Claims
- Compensation Calculation
- Future Prospects
- Multiplier
- Breach of Policy Conditions
- Negligence
