ORIENTAL INSURANCE COMPANY LTD Vs. NANDANI DEVI

JUDGEMENT

(1.) THE appeal has been filed by the Insurance Company against the JUDGMENT : dated 4.10.1997 and award dated 22.11.1997 in Claim case no. 23/93 passed by 2nd Addl. District Judge -cum -Motor Vehicle Claims Tribunal, Khagaria.

(2.) THE claim case was filed by respondent no. 1 wife of the deceased, for herself and on behalf of her minor children and father and mother of the deceased. Bindeshwari Yadav husband of respondent no. 1 met with an accident with Tanker on Gandak River bridge while returning back after selling milk and died on the spot causing serious shock and agony to his dependants due to premature death. A criminal case bearing Khagaria P.S. Case No. 277/93 under sections 279 and 304 of Indian Penal Code was lodged and after investigation charge -sheet was submitted. Post mortem was held over the dead body of the deceased and the Doctor prepared postmortem report. The deceased was aged about 25 years at the time of death. He was milk supplier and his income was Rs.8000/ - per month. The claimant claimed compensation of Rs.7 lacs and Rs.1 lacs for mental agony etc. The vehicle was insured under the appellant's Insurance Company.

(3.) THE Tribunal on consideration of evidence and material available on the record held that income of the deceased at the time of death was Rs.1500/ - per month and accordingly allowed compensation to the tune of Rs.2,30,000/ -.