ORIENTAL INSURANCE CO LTD Vs. SUNITA SINGH

JUDGEMENT

(1.) Heard Sri S.C.Srivastava, learned counsel appearing for the appellant and Sri Kunwar Ritesh Kumar, learned counsel appearing for the respondents nos. 1 to 4.

(2.) This is an insurer's appeal against the judgment and award dated 15.5.2004 passed by Motor Accident Claims Tribunal/Special Judge (N.D.P.S. Act), Court No.2, Ghazipur in MACP No.111 of 2002 (Smt.Sunita Singh and others Vs. Hajimiyan Goremiyan and another), whereby claim petition of contesting respondents has been allowed and they have been found entitled to payment of compensation of Rs.6,87,000/- from opposite party no.1/respondent no.5 (hereinafter referred as non-contesting respondent). Opposite party No.2/appellant (hereinafter referred as appellant) has been directed to pay the awarded amount as insurer.

(3.) Briefly stated respondent nos.1 to 4/claimants (hereinafter referred as contesting respondents) had filed claim petition under section 163 A of Motor Vehicles Act, 1988 (hereinafter referred as 1988 Act) against non-contesting respondent (owner of Truck No.M.H.04 A.L./6249 and appellant (insurer) stating therein that Rajesh Kumar Singh @ Rana Pratap Singh was employed as driver by non-contesting respondent. On 2nd August, 2002, deceased Rajesh Kumar Singh was carrying coal on the said truck. On his way near village Chandrapur, Police Station Mahegaon, District Parvatmala (Maharashtra) at about 10.30 p.m. due to mechanical failure, the said truck had fallen in a pit adjacent to the road resulting in the death of the deceased. First Information Report was lodged at police station Mahegaon. Post-mortem was conducted on the body of the deceased. The deceased was aged about 32 years. He was contributing Rs.5,000/- towards his family. Contesting respondents are his legal representatives. A request has been made that Rs.7,22,000/- alongwith 10% per annum simple interest be awarded in their favour.