NEW INDIA ASSURANCE CO LTD Vs. SITA KAHAR

JUDGEMENT

(1.) This judgment of ours would dispose of M.A.F. 182/93 filed by the claimants and M.A.F. 177/94 filed by the Insurance Company, as they have arisen out of a common award of the Tribunal. The Member, Motor Accident Claims Tribunal has awarded a total compensation of Rs.1,50,000/- after determining the compensation payable at Rs.3,00,000/-. It has been held that the deceased was guilty of contributory negligence to the extent of 50% and therefore the claimants are entitled to get Rs. 1,50,000/- only.

(2.) In order to appreciate the controversy between the parties it is necessary to have a look at the brief facts of the case. The case of the claimants before the Tribunal was that Harilal Kahar, hereinafter called 'the deceased', was sleepoing in ooen soace on a plot of land belonging to Dambaru Dutta in front of his house near Beltola Road along with his sons and daughters at 10.30 P.M. on 20.9.90, when the coTending vehicle bearing Registration No. NLZ-1474 driven by Sanjoy Boro struck him. The driver of the said truck while reversing the same ran over the deceased in a rash and negligent manner resulting into his death. The son o)f the deceased P.W.-2, Binod Kumar has appeared into the witness box who has given the detailed statement. The statement of Binod Kumar is supported by other witnesses, i.e. P. W.-6 and P. W.-7. We have gone through the statements of the aforementioned witnesses. There is nothing in their statement which could discredit them. Their sworn testimony is believable. Consequently we endorse the finding of the Tribunal that the driver of the offending vehicle was negligent in driving the truck.

(3.) The counsel for the Insurance Company in order to avoid the liability of the insurance company has drawn pointed attention of this Bench to the provisions of Section 147( 1) (b) (i), which reads as follows