Judgment:
FAO No.1283 of 2001 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1283 of 2001 (O&M) Date of decision: March 18, 2014 Smt.
Sima Rani and others ...Appellants Versus Janga Singh and another ...Respondents CORAM:- HON'BLE Mr.JUSTICE K.
KANNAN1 Whether Reporters of local papers may be allowed to see the judgment ?.
2.
To be referred to the Reporters or not ?.
3.
Whether the judgment should be reported in the Digest?.
Present: Mr.Sudhir Rana, Advocate, for the appellants.
Mr.Suvir Dewan, Advocate, for the insurance company.K.KANNAN, J.
(Oral) The appeal is against the dismissal of the petition claiming compensation for the death of a male aged 38 yeaRs.He was a barber employed by the police for their services and said to be earning Rs.4,024/- per month.
The claimants were widow, three minor children and one major son and mother.
The accident was said to have taken place at the time when the deceased was standing on the road when the insured motor-cyclist dashed against him while driving the vehicle rashly and negligently, felled him off the road that resulted in fatal injury.
The accident was reported by one Karam Chand son of Shant Ram on the same day that one unknown vehicle had hit the deceased and he had taken the deceased to the hospital where he was declared dead.
Originally a case of mistake of fact was said to Singh Prem 2014.03.21 10:54 I attest to the accuracy and integrity of this document High Court Chandigarh FAO No.1283 of 2001 2 have been made on 28.1.1999 and when further particulars were given, the investigation was taken up again and identifying the 1st respondent Janga Singh as the person who was responsible for the accident.
At the trial, the claimants brought evidence of one Jaswant Singh who stated that he was coming behind at the relevant time and he saw the motor cyclist dashing against the deceased and when he inquired with the rider of the motor cycle he declared his name as Janga Singh and he had also offered to take him to the hospital.
This statement was said to have been given nearly six months after the accident and the Tribunal found this evidence to be wholly artificial to place reliance on his version.
I will not find fault with the Tribunal in making the inference it did by the nature of evidence given by Jaswant Singh.
The claimants, however, relied on the statement filed by the 1st respondent admitting to the accident in his written statement, although the 1st respondent contended in the written statement about the involvement of his motor cycle, but he sought to contend that it was negligence of the deceased that caused the accident.
He was not, however, prepared to face the witness stand to make an assertion what he was pleading for and subject himself to cross-examination.
The insurance company did no more than ride on the version found in the FIR and offered no evidence.
The Tribunal found that the 1st respondent was from a different village and the claimants and the deceased were not in any way connected, but the fact of admission of the accident ought to mean that there was collusion between the claimants and the 1st respondent.
I would find this reasoning to be wholly inappropriate.
If a driver for a vehicle admits to the involvement, there could be scope for inferring collusion if the insurance company had sought Singh Prem 2014.03.21 10:54 I attest to the accuracy and integrity of this document High Court Chandigarh FAO No.1283 of 2001 3 for certain details which the insured was not prepared to divulge.
It could be also in a situation where the party having filed the statement was not prepared to give evidence before the Tribunal and when even after the insurer made a demand of his presence before the Tribunal.
With no action seemingly taken by the insurer from the insured of the circumstances under which he filed a statement in the court about the involvement of the vehicle, it will be dangerous to dump an admission of an adversary as a mere collusive statement.
An insured is not a stranger to the insurer.
He is his own privy and even the Motor Vehicle Act secures statutory right to the insurer to demand the details of insurance driving licence etc.from the insured The expectation, therefore, is that the insurer and insured shall assist the Tribunal to deal with the case by collecting necessary material and place them before the court.
With no attempt of the insurer to secure any detail or offer any evidence before the Tribunal, the Tribunal was in error in rejecting the statement as result of collusion.
I set aside the finding and hold that the 1st respondent was responsible for the accident.
The deceased was 30 years of age and he was earning `4,124/- per month.
I apply the scales of compensation as provided in Sarla Verma Versus Delhi Transport Corporation 2009 (6) SCC121and tabulate the heads of claim as under:- Fatal Accident Tikka Sahab Date of accident 29.9.1998 Age 38 Occupation Barbar Claimants: Widow, three minor children and one major son and mother Heads of claim Tribunal High Court Sr.No.Amount (`) Amount (`) 1 Income 4124 4124 2 Add, 50 % of increase 6186 Singh Prem 2014.03.21 10:54 I attest to the accuracy and integrity of this document High Court Chandigarh FAO No.1283 of 2001 4 3 Deduction 1/5 4948 4 Multiplicand 59,385.60 5 Multiplier 15 6 Loss of dependence 8,90,784 7 Medical expenses 8 Loss of Consortium and 2,50,000 loss of love and affection 9 Loss to estate 2500 10 Funeral Expenses 10,000 Total 11,53,285 The total compensation payable will be `11,53,285/-.
The amount shall also attract interest @ 7.5% from the date of the petition till the date of payment.
The amount shall be distributed amongst the claimants equally.
The liability shall be on the insurer.
The award of dismissal is set aside and the appeal is allowed to the above extent.
March 18, 2014 (K.KANNAN) prem JUDGE Singh Prem 2014.03.21 10:54 I attest to the accuracy and integrity of this document High Court Chandigarh