LAXMI AND COMPANY Vs. SAVITRI DEVI AGARWAL LOYALKA

JUDGEMENT

(1.) This miscellaneous appeal arises out of a judgment and award dated 14th August, 1985 passed by Mr. B.B. Sharan, District Judge, Dhanbad, acting as Accidents Claims Tribunal, Dhanbad, in Title Suit No. 66 of 1982, whereby and whereunder the said learned court passed an award of Rs. 1,20,000/-in favour of claimant-respondents. It was further directed by the learned court below that out of the aforementioned amount of compensation a sum of Rs. 50,000/- is payable by respondent No. 3, Oriental Fire & Genl. Ins. Co. Ltd., Rathaur Mansion, Dhanbad.

(2.) The facts of the case lie in a very narrow compass.

(3.) On 18.3.1982 one Rajkumar Agarwal (Loyalka) was riding his motor cycle and near the village Ena Islampur he tried to save collision with some cows crossing the road but hit one of the cows and fell down from his motor cycle whence a truck bearing registration No. BHR 7792 belonging to the appellant ran over him resulting in his death.