NEW INDIA INSURANCE COMPANY LTD Vs. PREMLATA DEVI

JUDGEMENT

(1.) 1. This Misc. appeal is directed against the judgment dated 5.10.88 and decree dated 30.11.88 passed by the Addl. Claims Tribunal -cum -4th Addl. District Judge, Hazaribagh in Claim case No. 99/86 whereby the said Tribunal has awarded a sum of Rs. 80,000/ - against New India Insurance Company Ltd. who has preferred this appeal.

(2.) It may be mentioned here that the respondent Nos. 1 to 4 have also filed a cross -objection against the said judgment and award dated 5.10.88 praying therein to enhance the amount of compensation to Rs. 1,20.000/ -.

(3.) Brief facts leading to this appeal are that one Sri Nagarmal Agrawalla was travelling on 7.12.83 in a Bus bearing No. BRM 8471 (Mini Bus) and was going form Charhi to Hazaribagh. When the said Mini Bus reached near Charhi Ghat at about 2 p.m. it dashed against a truck coming from the opposite direction causing injuries to the deceased, Nagarmal Agarwalla who was sitting in the front portion of the vehicle by the side of the driver. He was seriously injured. He was shifted to Sadar Hospital, Hazaribagh where he was given first aid and subsequently he was advised to be taken to RMCH, Ranchi for treatment. Accordingly, he was taken to RMCH were he underwent treatment but he succumbed to his injuries at about 11 P.M. in the night on the same day. A criminal case being Mandu PS case No. 446 (12) 83 was registered under Sections 379 and 337 of the Indian Penal Code. Post mortem was held over the dead body of the deceased. It was further stated that the deceased was engaged in the business of dealing coal and was having a monthly income of Rs. 1500/ - with which he was supporting and maintaining his family members consisting of his widow and children. Due to his death the family suffered loss and became practically destitute. At the time of death the deceased was aged about 37 years. Respondent Nos. 1 to 4 are the dependants of the deceased. Claim was filed on 21.7.86 i.e., after expiry of the period of limitation prescribed for that purpose. Accordingly, a petition for condonation of delay was filed which, on preliminary hearing, was allowed by the Claims Tribunal condoning the delay subject to any prejudice to the rights of said respondents. The owner of the Mini Bus and the insurer were impleaded as opposite parties. Both the Insurance Company and the owner appeared before the Claims Tribunal and adduced their evidences. After considering the evidences and the submissions of the parties, the Claims Tribunal allowed the petition and awarded compensation to the extent of Rs. 80,000/ - to the petitioners/respondent Nos. 1 to 4 to be paid by opposite party No. 2, Insurance Company Le., the appellant in this appeal.