ORIENTAL INSURANCE CO LTD Vs. MANISHA CHATURVEDI

JUDGEMENT

(1.) This appeal has been preferred by the insurer, Oriental Insurance Co. Ltd., aggrieved by an award dated 25.2.2003 passed by the Additional Motor Accidents Claims Tribunal, Rewa, in Claim Case No. 190 of 2002 awarding a sum of Rs. 8,39,000 along with interest at the rate of 9 per cent per annum from the date of filing of the claim petition on account of death of Suryalal Chaturvedi who was Naib Tehsildar, aged 45 years in the service of the State Government.

(2.) In an accident dated 16.8.94 Suryalal Chaturvedi was going in a Maruti van (MP 19-T 0013) from Satna to Mirzapur along with his wife, his sons and daughter. Maruti van was driven by Ramakant Singh alias Chhote. The vehicle was owned by Jagmohan Singh. It was insured with Oriental Insurance Co. Ltd. Truck (UHB 277) was going ahead of Maruti van. It was driven in zigzag manner by the driver Krishna Kumar. All of a sudden, he stopped the truck in midst of the road without giving any horn or other indication/signal. Maruti van consequently dashed against the truck, owing to which Varun Ashutosh and Suryalal Chaturvedi died on the spot and Karan Ashutosh and Geeta Devi suffered serious injuries. Truck was insured with Oriental Insurance Co. Ltd.

(3.) The claimants alleged that deceased was at the verge of promotion on the post of Dy. Collector. Age of the deceased was 40 years. He had remaining service span of 18 years. Compensation of Rs. 21,54,000 was claimed. Claimant mother and brother have also died in the accident, as such, suitable compensation was prayed.