NEW INDIA ASSURANCE CO LTD Vs. RATIBAI

JUDGEMENT

(1.) This appeal has been preferred by the insurer aggrieved by an award dated 15.10.1998 passed by the M.A.C.T., Sagar in Claim Case No. 22 of 1997.

(2.) Widow and four daughters of the deceased filed claim petition on account of death of Chintaman Kurmi. In an accident dated 26.5.1997 when deceased was travelling in the jeep, driver Lalgiri drove it in a rash and negligent manner due to which Chintaman fell down, sustained injuries on his head, leg and hands and died in the government hospital. Report was lodged at P.S. Naryavali. An offence under section 304-A, Indian Penal Code was registered at Crime No. 126 of 1997 against Lalgiri. Charge-sheet was filed in the competent court. Vehicle was owned by Dashrath Lal Yadav and insured with New India Assurance Co. Ltd. Deceased was in the grocery business and used to run flour mill. His earnings were claimed to be Rs. 4,000 per month. Total compensation of Rs. 9,60,000 was claimed. The learned Claims Tribunal has awarded the total compensation of Rs. 2,64,000 along with the interest at the rate of 12 per cent per annum from the date of filing of claim petition on account of death of Chintaman.

(3.) Dissatisfied with the award, this appeal has been filed by the insurer on two grounds, firstly that there was overloading in the vehicle in question and secondly that there was no endorsement on the licence which was held by the driver to drive public transport vehicle, though he was holding the licence to drive light motor vehicle and he was driving light motor vehicle as per unladen weight as defined in section 2 (21) of the Motor Vehicles Act, 1988.