NATIONAL INSURANCE CO LTD Vs. JANGALI PRASAD SINGH

JUDGEMENT

(1.) On 31-12-1992 at about 5 p.m. deceased aged about 48 years who was a Railway Khalasi getting salary of Rs. 2095.00 met with an accident caused by a vehicle the registration of which is U.P.O. 6705. He left behind his widow, one adult son, one minor son and a minor daughter. The widow, two sons and a minor daughter filed application claiming compensation on account of death of their bread-earner in the accident, attributing the negligent driving of the vehicle.

(2.) Tribunal has held that there was negligent in driving of the vehicle and accordingly, the owner is responsible to pay compensation and insurer having received the premium and having issued the policy is to indemnify the owner, as a result of which it can be made liable and be directed to pay the compensation.

(3.) On perusal of the material on record, we are satisfied that these findings cannot be assailed which are reasonable and appropriate.