UNITED INDIA INSURANCE CO LTD Vs. RAMNIWAS SHARMA

JUDGEMENT

(1.) This appeal, filed by the Insurance Company, arises from the award dated 5th December, 2003, passed by the Motor Accident Claims Tribunal, Raigarh, in Claim Case No. 10/2002 (old No. 29/1999), imposing the liability on the Appellant Insurance Company for payment of compensation awarded to the claimants by the impugned award to the tune of Rs. 7,55,000/-.

(2.) Since the Respondent No. 1/claimant No. 1 Ramniwas Sharma died, his name is deleted from the array of the parties.

(3.) The brief facts, in nutshell, are that on 24-6-1999 at about 8.30 p.m. in the evening deceased Bajranglal, with an object to perform the work of Munim (clerk) was going to M/s. Gayatri Rice Mill, Saria, while sitting in the Jeep, bearing registration No. M.P. 26 F/3174, at that time, due to rash and negligent driving of the driver of the vehicle, i.e., Respondent No. 7 (Shankar Lal Agarwal) herein, the jeep turned and turtle, as a result of which the accident occurred and Bajranglal died in that accident. The claimants, being legal heirs of the deceased, stating that by doing the work of Munim (Clerk) at various places, the deceased was earning Rs. 10,700/- per month, filed a claim case for award of a total compensation of Rs. 58,89,400/- under various heads.