MOSOMAT JAGO DEVI Vs. MAHABIR PRASAD JOSHI

JUDGEMENT

(1.) THIS Miscellaneous Appeal has been preferred against the judgment dated 27th April, 2001 and award dated 17th May, 2001 passed in Claim Case No. 24 of 1994 by Sri Sudhanshu Kumar Lal, 1st Additional Motor Accident Claim Tribunal, Bhagalpur whereby he has been pleased to reject the claim application filed on behalf of the claimant.

(2.) THE brief facts of the case are as follows: '' The present appellant (Most. Jago Devi) filed claim case bearing Claim Case No. 24 of 1994 claiming an amount of Rs. 2,50,000.00 towards compensation on account of death of her husband (Mohan Sah) caused in motor vehicle accident which took place on 27.2.1994 at about 10 A.M. at Mundichak. It is said that at the time of accident the deceased (Mohan Sah) had gone to Mini Market at Mundichak where a truck bearing registration No. B.R. 12 -H 2252 dashed him and thereafter he received severe injury and he was removed to the hospital but within few hours he collapsed in course of treatment. For the said accident, Kotwaii RS. Case No. 109/94 was instituted against the driver of the truck bearing registration no. B.R. 12 -H 2252. It is said that the deceased was Goldsmith and a good manufacturer of gold ornament. His monthly income was about Rs. 2500.00 and at that time he was aged about 60 years old. He had sound health and was expected to remain alive upto the age of 75 years which was normal longivity in his family. As a result of untimely death of the deceased, the claimant suffered heavy loss and as such, a sum of Rs. 2,50,000.00 was claimed towards compensation. It was stated in the application that the vehicle in question was insured under the New India Assurance Company Limited.

(3.) FROM perusal of the judgment of the Tribunal it appears that on the basis of the pleadings of the parties, the Tribunal framed as many as five issues for consideration which are as follows: ''