UNITED INDIA INSURANCE COMPANY LTD Vs. KANAK PAUL

JUDGEMENT

(1.) This appeal has been preferred by the above-named insurance Company under Section 173 of the M.V Act, 1988 against the award passed in favour of the respondents by the Additional District Judge, Dhanbad in Title (M.V) Suit No. 154 of 1992.

(2.) The compensation claim was filed by the respondent No.1 Mrs. Kanak Paul for herself and on behalf of her minor children on account of death of Ambuj Chandra Paul, husband of the plaintiff-respondent Kanak Paul. Admittedly, Ambuj Chandra Paul was an employee in the F.C.I. and while going towards Sindri Basti from Domgarn Hat on his scooter on 23.10.92 At 5.30 P.M. he met with an accident on being dashed by a truck bearing registration No. BIR 3291 due to rash and negligent driving of the driver of the offending truck. The injured sustained multiple injuries and he succumbed to his injuries on the same date at F.C.I. Hospital. A police case was also registered being Sindri P.S. case No. 138/92 under Sections 279 and 304-A of the I.PC. against the owner and driver of the said truck. Admittedly, the offending truck was insured at the relevant time of occurrence with the appellant-insurance company.

(3.) The claim case was contested by the insurance company and after considering the evidence adduced from the side of the plaintiffs-respondents and after assessment on the dependency of the respondents on the deceased Ambuj Chandra Paul, learned tribunal awarded compensation of Rs.3,84,000/- in favour of the respondents.