ORIENTAL INSURANCE COMPANY LTD Vs. MINKA MUNDA

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the judgment/award dated 27th August, 2008, passed by the First Motor Accident Claims Tribunal, Keonjhar, in MA.C. Case No.288 of 2006, awarding an amount of Rs.1,43,440/- as compensation alongwith interest @ 9% per annum, from the date of filing of the claim application, till payment.

(2.) Learned Counsel for the Appellant submits that no extra premium having been paid to cover the risk of labourer travelling in a tractor trolley, the liability to pay the compensation amount cannot be saddled on the present Appellant. In this regard, it is submitted that the assessment of the compensation amount is not proper and justified and the award of interest @ 9% per annum is highly excessive.

(3.) On a perusal of the impugned award it is seen that learned Tribunal has taken into consideration the evidence on record both oral and documentary including the polie papers, in coming to hold that the driver of the offending tractor-trolley bearing Nos. OR-09/3304 and 3305 was rash and negligent in causing the accident, which resulted in the death of Raibari Munda.