ORIENTAL INSURANCE CO LTD Vs. RENU RAMPURIA

JUDGEMENT

(1.) ONE Renu Rampuria forself and on behalf of her son and daughter filed claim application being registered as M. A. C. C. No. 50 of 2003 over death of her husband in an accident taken place on 27th September, 2002 at 12. 45 p. m. involving a mini bus bearing registration No. W. B. 11-3481. In her claim petition Renu Rampuria alleged that her husband was knocked down by the offending vehicle driven in a rash and negligent manner in front of premises no. 210 Mahatma Gandhi Road. The claimant lodged a claim for Rs. 27,05,000/- to compensate the pecuniary loss caused by the sudden death of the victim who was aged 42 years at the time of accident and who was earning Rs. 14,000/- Rs. 15,000/- per month from his business.

(2.) THE claim application finally came up for consideration before the learned Jud ge of 9th Bench of the City Civil Court where the oriental Insurance Company contested the claim application.

(3.) THE learned Judge, on examination of the claim application along with written objection filed against it by the contesting insurance company and after considering both oral and documentary evidence adduced by the parties, finally directed the insurance company to pay a total amount of rs. 13,05,759/- after deducting the amount of Rs. 50,000/- already paid by the insurance company under Section 140 of the M. V. Act to Renu Rampuria and her three children in equal share.