UNITED INDIA INSURANCE CO LTD Vs. SHOBHA DEVI

JUDGEMENT

(1.) The present appeal has been preferred under Section 173 of the Moter Vehicles Act, 1988 (hereinafter referred to as the M.V.Act ) against the Judgment dated 27.11.2008 and Award dated 10.12.2008 passed by the learned 1st Addl.District Judge-cum- Motor Vehicle Accident Claim Tribunal Gaya (hereinafter referred to as the Claim Tribunal ) in M.A.C. Case No.133 of 2008/ 47 of 2001 dated 27th November, 2008. By the impugned Judgment and Award, the learned Claim Tribunal has allowed the claim petition filed by the claimants and directed the appellant to pay the total compensation amount of Rs. 5,84,280/-. The Claim Tribunal directed to deduct Rs.50,000/- from the compensation amount, which was paid to the claimants as interim compensation under Section 140 of the M.V.Act.

(2.) Short fact of the case is that on 02.04.2001, while the husband of Respondent no.1 and father of other claimants was returning along with other co-villagers after offering Puja ( worship) from Kaleshwari temple under the district of Chatra on a mini bus having Registration no.BR-2B/0369 and when the said mini bus reached near village- Akbarpur under Dobhi Police Station , due to rash and negligent driving of the driver the mini bus turned turtle by the side of the road and in the said accident Ramshila Paswan and other passengers received severe injuries. While Ramshila Paswan was being treated at Anugrah Narayan Magadh Medical College and Hospital, Gaya, he succumbed to the injuries. In connection with the said accident, an F.I.R. vide Sherghati ( Dobhi) P.S. Case No.67 of 2001 for the offences under Sections 279,337,338, 304(A) of the Indian Penal Code was lodged against the driver of the said bus on the fardbeyan of one co-villager. Subsequently, under the provisions of Motor Vehicles Act, a Claim Case vide M.A. C. Case No.133 of 2008/ 47/2001 was filed claiming compensation. In support of Claim Case, four witnesses were examined and the claimant produced number of documentary evidences, which were got exhibited. In the claim case, salary certificate of the deceased was got exhibited as Ext.1, F.I.R. of Sherghati ( Dobhi) P.S. Case no.67 of 2001 was exhibited as Ext.2, Postmortem report of the deceased Ramshila Paswan was exhibited as Ext.3 and photo copy of Insurance Policy cover issued by the appellant/ United India Insurance Co. Ltd. was exhibited as Ext.

(3.) After examining the evidences and materials available on record, the issues framed were decided in favour of the claimants. The deceased was a peon in Civil Courts, Gaya and as per Ext.1, salary certificate, net salary of the deceased was Rs.4236/- per month.