NATIONAL INSURANCE CO LTD Vs. BTNAGMANI DEVI

JUDGEMENT

(1.) HEARD the parties, perused the lower court records and with their consent this appeal is disposed of at the stage of hearing under ORDER :41 Rule 11 of the Code of Civil Procedure.

(2.) ON 3.3.1998 in a motor accident, Awadhesh Bhagat of village Adampur District -Vaishali lost his life. He was 26 years old and was working as daily wager at Hajipur Collectorate and was earning Rs. 16.75 paise per day. He left behind his widow and three minor children. The accident took place when a Matador, bearing registration no. BEM -9882 dashed a truck, bearing registration no. BHF -7675 near village Daulatpur. The deceased was a passenger on the Matador and was travelling from Gothhiya to Hajipur. The widow of the deceased filed Claim Case No. 6 of 1998. for compensation under the Motor Vehicles Act.

(3.) THE Matador was owned by Jaimangal Giri and was insured with National Insurance Company Limited at the relevant time.