UNITED INDIA INSURANCE COMPANY Vs. CHINTA DEVI

JUDGEMENT

(1.) This appeal under Section l73 of the Motor Vehicles Act, 1988 has been preferred by the above named Insurance Company against the judgment and award dated 17.9.1990 passed by Shri S.N. Gupta, 1st Additional Judicial Commis-sioner, Ranchi-cum-Motor Vehicle Accident Claims Tribunal in Compensation Cases Nos. 37 of 1985 & 106 of 1990 whereby an award of compensation of Rs. 2,32,000/- was made in favour of the respondent Nos. 1 to 7, who happened to be the legal heirs of deceased Sheonath Mahli.

(2.) The deceased Sheonath Mahli was a Class-Ill employee of Ranchi Civil Court and on 15.3.1985 at about 8.30 p.m. while he was travelling on an auto Rickshaw bearing Registration No. BHV-9690 and when the said auto rickshaw reached near the M.P. Service Petrol Pump near village Sapora, a Mini bus bearing Registration No. BHN 8825 coming from the opposite direction in high speed dashed against the auto rickshaw and ran over the same. For such dashing and turning over, the auto rickshaw was dragged by the Mini bus for a distance of about 50 feet alongwith its occupants. One of the occupants, namely, Shenonath Mahli and the auto rickshaw driver died at the spot.

(3.) In the claim petition, it was mentioned that the deceased was aged about 33 years and was drawing a salary of Rs. 1130/- per month. The driver, owner and the Insurance Company of the offending vehicle (Mini Bus) were made parties and they contested the claim case by filing written statement. In the evidence adduced on the side of the claimants, it was held that the accident occurred due to rash and negligent driving of the Mini Bus and the Auto Rickshaw was on its right side and travelling on the right keeping the other side open. Learned Court below after scrutinizing the evidence on record held the mini bus as offending one and as the same was insured with the appellant-Insurance Company, the awarded amount was directed to be paid by the Insurance Company itself.