NATIONAL INSURANCE COMP LTD Vs. SUMITRA DEVI

JUDGEMENT

(1.) THIS Miscellaneous Appeal has been preferred by National Insurance Company Limited against the judgment and award dated 14th August, 1997 passed by 4th Additional District & Sessions Judge - cum Addl. Motor Vehicle Accident Claim Tribunal, Bhagalpur in Claim Case No. 1 of 1997 whereby the Tribunal has been pleased to award Rs. 2,00,000.00 as compensation with interest at the rate 12% per annum from the date of filing of the claim petition to the applicants said to be dependents of deceased Shiv Shankar Mistri, who died in motor vehicle accident.

(2.) THE brief facts of the case are as follows: Shiv Shankar Mistri, the husband of respondent No. 1 and the father of respondent Nos. 2 to 9, was travelling in a Mahindra Maxi bearing registration No. B.H.J. 8979 on 8.6.1990. He was going to Bhagalpur from his village Jamin Phulbaria and when the said vehicle reached near village Tinpulia it turned turtle as a result of which the said Shiv Shankar Mistri sustained multiple injuries and he was taken to Jawahar Lal Nehru Medical College Hospital, Bhagalpur but he could not survive and breathed his last in course of his treatment. It is said that at the time of death the deceased Shiv Shankar Mistri was aged about 41 years and he was working as Skilled Motor Vehicle Body Builder, It is stated that the claimants are the heirs and dependents of deceased Shiv Shankar Mistri and due to untimely death the claimants have suffered mentally and monetarily and so on account of his death, the claimants have claimed a total compensation of Rs. 2,00,000/ -.

(3.) THE National Insurance Company in its written statement has raised the plea that although the vehicle in question was insured under the Company but the Company is not liable to indemnify the compensation amount as the owner of the vehicle has violated the terms and conditions of the policy by not producing the owner book, road permit, fitness certificate, driving licence etc. before the Tribunal. The appellant has also raised objection that the amount claimed as compensation is also excessive.