ORIENTAL INSURANCE COMPANY Vs. MANJULA MISHRA

JUDGEMENT

(1.) 1. This is an appeal by The Oriental Insurance Company Limited under Section 110-D of the Motor Vehicles Act is directed against the award of Motor Vehicles Tribunal dated 15.4.1988 whereby compensation to the tune of Rs. 1,35,000/- has been awarded to the claimant.

(2.) The facts giving rise to this appeal are that on 29.7.1983, Sivesh Mishra was going to Lohardaga on a scooter bearing registration No. BHV 4783 as a pillion rider and as soon as the scooter reached near Chiri Bridge, truck bearing registration No. BHV 9222 coming from the opposite direction, being driven in rash and negligent manner dashed against the scooter causing severe injuries to Sivesh Mishra, the pillion rider of the scooter. Sivesh Mishra was removed to Lohardaga Hospital then to Ranchi Medical College Hospital where he died in course of the treatment on 10.8.1983 leaving behind his widow and minor son. The deceased was aged about 29 years at the time of his death and was a student of Law at Chhotanagpur Law College, Ranchi. The deceased had also taken a loan under the Self Employment Scheme from a Bank and had purchased a Maxi-Taxi No. BPN 8303 and was earning Rs. 1,500/- per month from the Maxi-Taxi. The Claimant-Respondent filed a petition under Section 110- A of the Motor Vehicles Act before the Claims Tribunal, Ranchi claiming compensation to the tune of Rs. 2,50,000/- besides Rs. 15,000/- the expenditure incurred over the treatment and Rs. 10,000/- towards the funeral and Sarad.

(3.) Pursuant to the notice the appellant and the Respondent IInd party appeared and contested the claim. Learned Claims Tribunal on consideration of the evidence, awarded compensation to the tune of Rs. 1,35,000/- to the claimant and the appellant-Insurance Company was held liable to pay compensation with interest @ 12% per annum from the date of filing of the claim case within three months and in default to pay interest @ 18% per annum.