NEW INDIA ASSURANCE CO. LTD. Vs. KIRAN SINGH

JUDGEMENT

(1.) The insurer of the motor cycle bearing Registration No. BR-04A-3596, appellants have preferred this appeal against the judgment and award dated 30.4.2011 and 12.5.2011 passed by the learned Additional District Judge, FTC-V-cum-Motor Accident Claim Tribunal, Saran at Chapra in Motor Accident Claim Case No. 88 of 2000 by which the appellant has been directed to pay a sum of Rs. 1,00,000/- with interest @ 6% from the date of filing of the claim petition. Heard learned counsel for the appellant and learned counsel for the respondent.

(2.) The case of the claimant is that on 24.4.2000 at about 8 a.m. the deceased Chandeshwar Prasad Narayan Singh, the owner of the motorcycle Registration No. BR-04A-3596 was returning to his house by motorcycle, a child all of a sudden crossed the road and to save him he lost balance of the motorcycle and got injury in his head and thereafter during treatment he succumbed to his injuries on 29.4.2000. The deceased was a contractor and was earning Rs. 4,000/-. The claimants have claimed Rs. 5,60,000/- as compensation due to his death for which Lalganj U.D. Case No. 1 of 2000 was instituted.

(3.) The insurance company has filed written statement as well as additional written statement mentioning therein that the risk of owner of the vehicle was not covered as no premium for him has been paid and the deceased had no licence to drive the motorcycle.