Oriental Insurance Company Ltd. Vs Prem Gupta (Jammu and Kashmir High Court)
The Jammu & Kashmir and Ladakh High Court decided two connected appeals arising out of an award dated 13.08.2009 passed by the Motor Accident Claims Tribunal, Jammu, in a claim petition filed under the Motor Vehicles Act, 1988. One appeal was filed by the Insurance Company challenging the award, and the other by the claimant seeking enhancement of compensation.
The case arose from a motor accident on 01.11.2007 near Berero Khad, Barian Camp Supwal, Tehsil and District Samba. The deceased, Neelam Gupta, was travelling in a Maruti car when it was crushed between two buses allegedly driven in a rash and negligent manner. She died on the spot. The claimant, her husband, filed a claim petition seeking Rs. 37 lakh with interest at 12%.
The Tribunal framed several issues regarding the occurrence of the accident, negligence, validity of driving licences, contributory negligence, and entitlement to compensation. Based on the evidence, including the testimony of the claimant and an Income Tax Department employee (PW-J.S. Kudian), issues relating to the accident and liability were decided in favour of the claimant. However, on the question of compensation, the Tribunal held that the claimant failed to prove the actual income of the deceased and fixed a notional income of Rs. 4,000 per month. It awarded Rs. 2,22,024/- with interest at 7.5% per annum from the date of filing of the claim petition.
