LAWS(DLH)-2023-3-98

ORIENTAL INSURANCE CO LTD Vs. RANJANA

Decided On March 16, 2023
ORIENTAL INSURANCE CO LTD Appellant
V/S
RANJANA Respondents

JUDGEMENT

(1.) The present appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been filed by the appellant against the Impugned Award dtd. 9/7/2018 passed by the Ld. Tribunal whereby the Ld. Tribunal has allowed the claim petition.

(2.) In brief the facts of the case are that deceased Sanjay Jha was working as Technical Sales Executive in M/s ESS-DEE Nutek Infinities Pvt. Ltd. On 30/5/2010, he was going with the company truck which was loaded with machines and at around 7.45 am when the truck reached near Simri, Village Tola Chamela, Pigha GT Road, North Lane Bridge under the jurisdiction PS-Amas, Bodh Gaya, Bihar, offending Truck bearing no. HR-63-3504 came from Delhi side at high speed in a rash and negligent manner and hit the truck of deceased which was in a stationary position at that time. It was alleged that at the time of accident deceased was sitting towards the right side of his truck. Due to the accident, front portion of the offending truck was damaged completely and deceased Sanjay Jha sustained fatal injury and died on the spot. A case FIR No. 64/2010 under Sec. 279/304-A IPC was registered at Police Station Amas, Bihar.

(3.) On the basis of the pleadings of the parties, the Ld. Tribunal framed the following issues:-