NOOR JAHAN KHATOON Vs. KAILASH PRASAD AGARWAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 7th March, 1990 passed by 7th Addl. Distt. Judge cum Motor Vehicles Claims Tribunal, Dhanbad, in Title (M.V.) Suit No. 20/86 thereby and thereunder the appellant claimant was granted compensation to the tune of Rs. 48,000/ to be realised from the New India Insurance Co., the insurer of the vehicle.

(2.) THE fact, in short, for the purpose of this appeal is that the appellant claimant's husband Asgar Ali aged about 35 years and was working as a turner in a private company known as Shakti Cast Pvt. Ltd. was going on scooter on 7.10.85 at about 2.30 p.m. at Dhanbad Govindpur Road, when truck No. BHO 9767 came with great speed and dashed against the scooter, due to that Asgar Ali sustained serious injuries and he died in the Patliputra Nursing Home on the next day. For this accident, a criminal case was also instituted against the driver of the truck and subsequently this claim case was preferred claiming compensation to the tune of Rs. 4,17,600/ from the defendants. The respondent Kailash Prasad Agarwal who was defendant No. 1 in the suit contested the suit by filing a written statement through which it was submitted that the claim or compensation is highly exaggerated and further there was negligence on the part of the scooter driver also and in any view or the matter, the truck bearing No. BHO 9767 belonging to this respondent was duly insured with the other respondent Insurance company and so the Insurance company is liable to compensate and pay the compensation amount.

(3.) THE trial Court after scrutinising the evidence adduced on behalf of the claimant plaintiff came to the conclusion that monthly income of the deceased was only Rs. 500/ from that 50% of the Income was deducted by way of incidental expenses and the annual income was multiplied by 16 times and thus the trial Court recorded a finding that the claimant is entitled to realise Rs. 48,000/ as compensation for the death of her husband in this accident from the Insurance Company, that is respondent No. 2.