NEW INDIA ASSURANCE COMPANY LTD Vs. MADHUMALA JHA

JUDGEMENT

(1.) THIS Appeal is directed against a judgment dated 16.04.2005 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.5,49,500/- was awarded in favour of Respondents No.1 to 4 for the death of Bhogender Jha who died under mysterious circumstances between 25.05.2001 and 27.05.2001. The circumstances resulting in the deceased's death can be extracted from Para 2 of the impugned judgment which is extracted hereunder:-

(2.) THE Claims Tribunal relied on the judgment in Rita Devi and Ors. v. New India Assurance Company Limited & Anr. 2000 (5) SCC 113 and held that the death of deceased Bhogender Jha was accidental arising out of the use of motor vehicle. Thus, on the basis of the deceased's income the Claims Tribunal awarded a compensation of Rs.5,40,000/- towards loss of dependency as per the second Schedule and Rs.9,500/- towards non pecuniary damages.

(3.) 1 testified that on 24.05.2001 her husband left the residence at about 8:00 A.M. in the morning on 25.05.2001. He (the deceased) informed her that he was at the residence of his employer and was taking his employer to Hapur. This part of PW-1's testimony was not challenged in cross- examination. It was not even suggested that the deceased Bhogender Jha did not drive down the insured vehicle. Learned counsel for the Appellant drew my attention to Chitra Mohan's