SECRETARY Vs. SANGEETA RAY

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Ashutosh Anand.

(2.) Iffco Tokio General Insurance Co. Ltd. has preferred this Miscellaneous Appeal against the award dated 23.03.2017 in Title (M.V.) Suit No.181 of 2014 passed by learned District Judge-VII-cum-MACT Judge, Dhanbad whereby the claimants namely, Shanti Devi and Sunita Devi, mother and sister of deceased Sandip Kumar have been awarded compensation to the tune of Rs.46,29,696/- along with interest @ 6% per annum from the date of filing of this claim application i.e. 23.06.2014 to be payable within 60 days, failing which the penal interest @ 9% per annum shall be charged after the expiry of 60 days.

(3.) Learned counsel for the appellant has assailed the impugned award on the ground that deceased, Sandip Kumar, who was working as a Radio Operator in C.R.P.F., an occupant of the Maruti Swift Car bearing registration No. JH-10S-0719, which met with an accident because of the mistake committed by the driver, who hit the electric pole of 33000 volt because of his rash and negligent driving and as such, the Insurance Company cannot be held liable for compensation.