NEW INDIA ASSURANCE CO LTD Vs. AKHTAR HUSSAIN

JUDGEMENT

(1.) The appeal is directed against the judgment and award dated 12.5.1992 passed in Claim Case No. 12 of 1987/A.C. 14 of 1991 by the 1st Additional Motor Accidents Claims Tribunal, Purnia, whereby and whereunder total compensation amount awarded is Rs. 30,800/-.

(2.) In short, the relevant facts are that the deceased Md. Imran, aged about 16 years, who was the son of the original applicant-respondent No. 1, Mohammad Yasin and in whose place after his (respondent No. 1) death his heirs have been substituted, met with accident on 11.3.87 while travelling in bus No. BRK 9727 going to his school. It is alleged that he was standing at the entrance gate of the bus. As the bus reached Lahtora Bus Stand, the deceased fell down from the bus and came under the wheel of the bus, as a result of which he sustained injuries. Thereafter he was rushed to the hospital where he succumbed to his injuries.

(3.) It is not in dispute that the bus in question was insured with the appellant company.