NATIONAL INSURANCE COMPANY LTD. Vs. SANTOSHI KEJRIWAL

JUDGEMENT

(1.) Heard Sri Bimlesh Kumar Jha, learned counsel for the appellant, Sri Mukesh Prasad Singh, learned counsel, who has appeared on behalf of respondent no. 1 and 2 /Claimants and Sri Shambhu Sharan Simngh, learned counsel, who has appeared on behalf of respondent no. 3/ owner of the truck bearing registration no. B.R.04A-9632 (hereinafter referred to as the "offending vehicle").

(2.) The present Appeal has been preferred against judgment dated 5/8/2009 and Award dated 18.8.2009 passed in Claim Case No. 3 of 2004 by the court of learned 1st Additional Sessions Judge cum- Motor Accident Claim Tribunal, Chapra (hereinafter referred to as the "Claim Tribunal"). The learned Claim Tribunal has directed the appellant /National Insurance Co. Ltd. to make payment of Rs. 8,74,000/- only with interest at the rate of 6% per annum from the date of presentation of the case till its realization.

(3.) Short fact of the case is that on 30/11/2003 at about 8.30 P.M. while son of respondent no. 2 and husband of respondent no. 1 was moving as pillion rider on a motor cycle with one Amit Kumar Gupta, a truck bearing registration no. B.R.04A-9632 being driven rashly and negligently by the driver dashed the motor cycle in which both motor cyclist died, and thereafter, an F.I.R. vide Doriganj P.S. Case No. 75 of 2003 was registered and after investigation charge sheet was also submitted. Since it was a death due to rash and negligent driving, claimants filed claim case claiming compensation against the insurer of the vehicle i.e. appellant on the ground that vehicle in question was under insurance cover of the appellant at the time of accident. In the claim case before the Tribunal stand was taken that the deceased, who was aged about 28 years was earning Rs. 8000/- per month. He was running a shop in the name and style of "SHRINGAR GHAR" in a shop situated at Adarsh Hotel Complex. It was categorically stated that deceased had employed PW -2 /Vikash Tiwari as Salesman in his shop and he was making payment of Rs. 1,500/- per month as salary to Sri Vikash Tiwary. Besides this, Rs. 500/- per month was being paid as rent to the shop-owner and Rs. 500/- per month as electric charge. The deceased was depositing Rs. 50/- per day in the Sahara Bank. He had also taken loan for his business from the Central Bank. The deceased at the time of getting the shop settled had paid Rs. 41,000/- as Pagari (Advance) to the shop-owner. Besides oral evidence, to establish the income of the deceased the claimants had brought on record receipt of deposit of money in the Bank of Baroda and photo copy of Pass Book to show that he was also having Rs. 60,000/- in his Account in the Bank of Baroda at the time of death. Exhibit -6 as receipt of money in the Bank of Baroda, Exhibit -7 as original LIC Bond, Exhibit -6/5 as deposit receipt of LIC premium, Exhibit -6/6 as quarterly payment receipt, Exhibit -6/7 as premium receipt, Exhibit - 6/8 as receipt of LIC, Exhibit -7/1 as Pass Book of the Bank of Baroda showing deposit of Rs. 60,000/- in the name of deceased, Exhibit -9 the agreement in respect of shop in question, which shows payment of Rs. 41,000/- as Pagari. Besides this, Exhibit 10, 11 to 11/3 were brought on record to establish that deceased was doing business.