HINDUSTAN CONCRETE PIPE Vs. ANJALI DEVI

JUDGEMENT

(1.) This appeal arises out of a judgment and award dated 13.3.1981 passed by Mr. Anand Prasad Sinha, Judicial Commissioner, Ranchi, in M.J.C. (Motor Claim Case) No. 310 of 1980, whereby and whereunder the said learned court awarded a compensation to the extent of Rs. 30,000/- and directed that out of the aforementioned amount of compensation Rs. 25,000/- shall be payable by the insurance company and Rs. 5,000/- shall be payable by the owner of the truck. The owner of the truck has preferred this appeal, inter alia, on the ground that the learned Judicial Commissioner has wrongly directed him to pay the aforementioned amount of Rs. 5,000/- as the sum of Rs. 30,000/-comes within the limits of the statutory liability of the insurer. However, when the appeal was taken up, Mr. Kameshwar Prasad, the learned counsel appearing on behalf of the appellant, very fairly conceded that in view of the fact that the aforementioned sum of Rs. 5,000/- has already been deposited by the appellant to the respondent No. 1, he would not press this appeal.

(2.) In this case a cross-objection was filed by the claimant and Mr. S.N. Lai, the learned counsel appearing on behalf of the respondent No. 1, pressed the same.

(3.) The case of the applicant-respondent No. 1 was that her husband Hari Ram was a resident of Namkun. He was working in the High Tension Insulator Factory. At the time of his death he was aged about 35 years. He was getting a salary of Rs. 392.50 including basic salary of Rs. 270/-, a sum of Rs. 100/- as overtime and bonus at the rate of Rs. 22.50.