NEW INDIA ASSURANCE COMPANY LTD Vs. RATNA DEVI

JUDGEMENT

(1.) THIS appeal, under Section 173 of the Motor Vehicle Act, 1988, has been preferred by the New India Assurance Company, against the judgment and award dated 29.7.2003, passed by Motor Accident Claim Tribunal, Uttarkashi, (hereinafter referred as the 'Tribunal') in MACP No. 07 of 2001, Smt. Ratna Devi and others Vs. Gopal Singh and others, whereby the 'Tribunal' decreed the claim petition for a sum of Rs. 1,40,000/ - along with interest @ 7% per annum, against the New India Assurance Company.

(2.) BRIEF facts giving rise to this appeal, are that, Madiya (deceased), on 2.2.1998, along with some other persons, was going in D.C.M. Toyota Truck bearing registration No. 817 for transporting the stone -slates (Pathals). The truck driver was driving the vehicle rashly and negligently. When the Truck reached near Silada Toke, the driver tried to kill porcupine (Sahi) by crushing in beneath the tyre of the truck, the conductor opened the window of the truck and the driver drove the truck at a high speed, due to which Madiya fell out of the window and he died instantaneously due to injuries sustained by him. According to the claimants the deceased at the time of accident was 50 years of age and he used to earn Rs. 4,500/ - per month from the profession of black -smith and mason. The claimants, Smt. Ratna Devi (widow of the deceased), and Km. Anita and Master Om Prakash, minor children of the deceased), preferred the claim petition for award of Rs. 7,40,000/ - in lieu of death of Madiya.

(3.) THE Opposite Party/owner and driver filed joint written statement before the Tribunal, denying the rash and negligence on the part of the driver and conductor of the offending truck. They alleged that the deceased himself jumped out of the truck and his death was occurred due to his own negligence. They also alleged that the truck was insured with New India Assurance Company, and the Insurance Company is liable to pay the compensation.