KU BRIHASPATHI ALIAS LALLI Vs. NARBADESHWAR THAKUR

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accidents Claims Tribunal, Bilaspur, in Claim Case No. 28/96, dated February 19,1998.

(2.) IN the accident that took place on 22-44996, Shantibai died when the offending vehicle, MP-23-D-9419, owned by Sanjaykumar Mishra and driven rashly and negligently by Narbadeshwar Thakur, dashed inside the house of Shantibai and killed her, apart from destroying her house. At the lime of accident, deceased was 46 years old earning Rs. 100. 00 as labourer and by selling vegetables. Compensation has been claimed for her death and loss to the house. Driver has been proceeded ex-parte. Claimants are husband and 7 children of the deceased who were dependent on her. On the date of accident, the vehicle was insured with respondent No. 3, the New India Insurance Co. Ltd. Owner of the vehicle stated that deceased was 65 years old, she was dependent on her husband and had no income of her own. The truck was insured with New India Insurance Company Ltd. and the driver had valid driving licence with all other relevant papers. The Insurance Company has stated that it was responsible to pay Rs. 6,000. 00 for loss of property, the vehicle committed breach of the policy, therefore, it was not responsible for payment of compensation.

(3.) THE Tribunal found that the accident took place on 22- 4-1996 when the truck bearing registration No. MP-26-D-9419, driven by Narbadeshwar Thakur rashly and negligently, killed the deceased for which the claimants are entitled to claim compensation. Compensation of Rs. 1,21,000. 00 has been awarded with 18% interest from the date of application till realisation. Counsel's fee Rs. 500. 00 has also been awarded.