DIVISIONAL MANAGER, THE ORIENT INSURANCE COMPANY LIMITED, MOTIJHEEL, MUZAFFARPUR APPEAL AND APPELLANT THROUGH THE MANAGER, REGIONAL OFFICE, THE ORIENTAL INSURANCE CO. LTD., PIRMOHANI, PATNA Vs. GIRJA DEVI, MOTHER OF DECEASED NITU KUMARI, WIFE OF LATE FEKAN SAHNI, RESIDENT OF VILLAGE

JUDGEMENT

(1.) The appellant, insurer of the offending vehicle (a truck bearing No. BR-1G-7727) has preferred this appeal against the judgment and award dated 3.5.2007 passed by the learned 9th Additional Claims Tribunal, Muzaffarpur,(hereinafter referred to as the 'Tribunal') in Claim Case no. 55 of 2005 by which the appellant has been directed to pay a sum of Rs. 1,02,000.00 with interest @ 9% p.a. from the date of filing of the claim petition to the date of payment.

(2.) The claimant, mother of the deceased Nitu Kumari aged about 10 years, has filed the Claim Case No. 55 of 2005 stating therein that when the deceased Nitu Kumari was returning with her on 28.2.2005 at about 1-30 P.M., a truck bearing no. BR-1G-7727 driven rashly and negligently dashed Nitu Kumari causing her instant death. Thereafter, on the basis of the fardbeyan of the claimant, Bochahan P. S. case no. 21 of 2005 was instituted.

(3.) The owner of the truck did not appear before the Tribunal nor any written statement was filed. The insurer of the offending truck appeared and filed a written statement denying its liability. After taking into consideration the evidence adduced on behalf of both the parties, the learned Tribunal has held that the deceased died due to rash and negligent driving of the offending vehicle. A sum of Rs. 50,000.00 was granted as interim compensation and after final hearing the insurer has been directed to pay a sum of Rs. 1,02,000.00 with interest.