ORIENTAL INSURANCE COMPANY LTD. Vs. SARASWATI DEVI

JUDGEMENT

(1.) The insurer of the offending vehicle (tractor and trailer) has preferred this appeal against the judgment and award dated 7.7.2009 passed by the learned Motor Vehicles Claim Tribunal cum Additional District Judge, Kishanganj, in Claim Case no. 8 of 2000/A.C. 5 of 2000 by which the appellant has been directed to pay the amount of compensation with interest.

(2.) The brief fact of the case is that the deceased Deep Narain Singh, aged about 26 years and a permanent employee of the State Bank of India drawing Rs. 7402.28 paise per month, along with his son Pradeep Singh was returning to his house on 24.12.1999 at about 7-15 P.M. In the meantime, the tractor bearing registration no. BEK-2128 and trailer no. BR-37-0602 driven rashly and negligently dashed the deceased causing him multiple injuries which resulted into his death. The accident was reported to Kishanganj Police Station and Kishanganj P.S. case no. 0154 of 1999 was instituted against the driver of the tractor. During investigation the name of the driver and the owner of the tractor came to light. The tractor and trailer were insured with the Oriental Insurance Company Ltd. (appellant). The deceased died leaving behind his wife and children (respondent nos. 1 to 4).

(3.) The owner (respondent no. 5) of the offending vehicle appeared and filed written statement. The accident was admitted and it was stated that the vehicles were insured with the appellant and the photocopy of the cover note issued by Sri Mahendra Agrawal, Development Officer of the Oriental Insurance Company Ltd., was filed showing that the offending vehicles were insured.