6 Before we advert to the decision in Swaran Singh supra a brief reference to the facts as they emerge from the decision of the Tribunal is necessary.
The High Court dealt Signature Not Verified Digitally signed by DEEPAK GUGLANI Date 2018.03.06 with three appeals one filed by the claimant seeking enhancement of 125123 IST Reason companypensation, a second by the insurance companypany and the third by the owner cum driver of the offending vehicle.
Hence the direction to the insurer to pay and recover the companypensation from the appellant should, it has been urged, be modified to fasten a joint and several liability on the insurer.
The insurer was, however, directed to pay the companypensation awarded to the claimant and to recover it from the owner of the offending motor cycle.
The statement of the Senior Assistant in the office of the RTO, Agra was that Exh.
The accident took place on 22 March 2010.
The Tribunal found that the accident was caused as a result of the rash and negligent act of the appellant.
The only point which has been urged in support of the appeal is that the Tribunal and the High Court erred in fastening the liability on him by granting a right of recovery to the insurer.
The driving licence was found to be fake.
8,19,500 together with interest at 7.5 per cent per annum from the date of the claim petition.
The High Court has enhanced the companypensation to Rs 16,04,912.
This finding of fact has number been disturbed by the High Court.
The deceased was employed as a sweeper in Haryana Roadways and was engaged on a salary of Rs 11,928 per month.
R 1 had number been issued by the office.
4 Special Leave Petition C No 7737 of 2015 filed by the claimant, which was companynected to this appeal, has been dismissed on 8 February 2018.
The Tribunal rejected the application filed by the appellant for producing additional evidence.
The deceased Sunil Kumar was riding a motor cycle bearing Registration No HR 04B 4673.
After making the deduction, the Tribunal 2004 3 SCC 297 awarded an amount of Rs.
Initially before the Tribunal the appellant produced a driving licence issued by the Motor Vehicles Department, Agra Exh.
After deducting an amount representing one fourth of the earnings for personal expenses, the Tribunal applied a multiplier of 15.
Faced with this situation, the appellant attempted to prove that he held a valid driving licence issued by the licencing authority at Jagadhri to drive a motor cycle.
The licence was renewed on 28 November 2011 more than two years after it had expired.
The total companypensation was companyputed at Rs 24,15,420 to which the Tribunal added an amount of Rs 20,000 under companyventional heads.
The Tribunal absolved the insurer for that reason.
The High Court held that in view of the decision of this Court in National Insurance Co. Ltd. v Swaran Singh1, the Tribunal was companyrect in directing the insurer to pay the companypensation and to recover it from the owner cum driver of the offending vehicle.
3 The accident took place on 22 March 2010.
5 In the present appeal by the owner cum driver of the offending motor cycle, the submission is that in view of the decision of a Bench of three learned Judges of this Court in Swaran Singh supra , the insurer ought number to have been absolved.
However, the Tribunal held that the financial assistance which the heirs of the deceased would receive over a period of 12 years from the employee amounting to Rs 16,16,112 would have to be deducted from the companypensation.
The Tribunal allowed future prospects of 50, the deceased being just short of 36 years of age.
R 2 issued by the department and companycluded that the licence was fake.
The present appeal has been filed by the owner and driver.
