Reliance General Insurance Co Ltd v. Anjali & Ors.

1. These two appeals, both under Section 173 of the Motor Vehicles Act assail the award dated 13.04.2018 passed by the learned Motor Accident Claims Tribunal, (Shahadara), Karkardooma Courts, New Delhi in MAC No.1036/2016. Vide the impugned award, learned Tribunal has awarded a compensation of Rs.27,74,000/- with interest @ 9% p.a. in favour of the claimants. While the insurance company seeks reduction of the compensation by way of MAC APP. 561/2018, the claimants seek enhancement of compensation by way of MAC. APP 740/2018.

2. Mr. Soni, learned counsel for the insurer submits that the learned Tribunal has erred in awarding compensation without appreciating the fact that the evidence led by the appellant to show negligence on the part of the driver of the insured vehicle was not reliable and therefore, could not be relied upon. He submits that once there was no independent witness to prove the negligence of the driver, the impugned award is liable to be set aside.

3. On the other hand, learned counsel for the claimant, by drawing my attention to the findings in the impugned award qua the negligence of the driver of the insured vehicle, submits that the said findings are correct. Furthermore, it was not even the case of the insurer that there was any contributory negligence on the part of the deceased and therefore, prays that the appeal of the insurer be rejected. He further submits that on the other hand, the claimant is entitled to seek enhancement of the compensation as the learned Tribunal failed to take into account the salary received by the deceased from his part time job.

4. Before considering the rival submissions of the parties, it would be apposite to note the findings of the Tribunal on the issue as to whether the deceased Sh. Shivam Sharma suffered fatal injuries due to rash and negligent driving of the insured vehicle being DL-3CB-1162. The said findings, as contained in para 9-12 of the impugned award read as under:

5. A perusal of the aforesaid findings show that the learned Tribunal has rightly opined that in dealing with matters of claims for compensation in cases of motor accidents, the question of determining rash and negligent driving is to be tested on the touchstone of preponderance of probabilities. The learned Tribunal has examined the evidence in detail and come to a categoric conclusion that the accident occurred on account of the insured vehicle being driven in a rash and negligent manner. The learned Tribunal, in my view, rightly rejected the vague plea of the insurer that there was no negligence on the part of the driver. I, therefore, find no reason to interfere with the findings of the Tribunal and therefore the appeal preferred by the insurer being MAC APP 561/2018, is meritless and is accordingly, dismissed.

6. At this stage, learned counsel for the claimant submits that even though the deceased was in fact, engaged in a part time job besides his regular job but taking into account that this Court is rejecting the appeal, he has instructions not to press the said plea any further.

7. In the light of the aforesaid stand taken by the learned counsel for the respondent, the appeal being MAC APP. 740/2018 is disposed of as not pressed.

8. Even though the awarded amount is, in terms of the impugned award, payable to the respondent/claimant only in instalments as per the disbursal scheme, taking into account that the impugned award was passed almost five years ago, it would be in the interest of justice to release the awarded amount in favour of the claimant by retaining only a sum of Rs. 6,00,000/-, which would be payable to the respondent in annual instalments of Rs. 1,00,000/- along with accrued interest between January, 2024 to January,

2029.