NATIONAL INSURANCE COMPANY LTD. Vs. MD.NIZAM ANSARI

JUDGEMENT

(1.) This appeal is against the judgment and, award of learned Moto Vehicle Claim Tribunal, Hazaribag, whereby the respondents No.1 and 2 claimants have been awarded the compensation of a sum of Rs. 1,15,000 with interest @ 6% per annum from the date of institution of the claim petition till realization. The said claim petition was preferred by the claimants-respondents (sic) account of death of Late Karu Mian. Claimant No.1 is the son and claima(sic) No.2 is the widow of said Karu Mian, who died in a motor vehicle accident (sic) 4.7.1999. It was claimed that the said accident was due to rash and neglige(sic) driving of offending vehicle-Truck No. BR-13-H-9231.

(2.) According to the claimants, on 4.7.1999 Late Karu Mian was traveling from his village Sardarpur to Simaria and when he reached at village Kesa(sic) the offending truck coming from behind rashly and negligently dashed K(sic) Mian causing severe injuries in his feet. The incident was reported to the lo(sic) Police immediately. On the written report of the informant Karu M(sic) Chauparan P.S. Case No.85 of 1999 dated 4.7.1999 was registered un(sic) Sections 279/337/338 I.P.C Karu Mian was then taken to Sadar Hospital Hazaribag where in course of treatment in the Hospital, he succumbed to (sic) injuries and died. However, Police after investigation submitted a final rep(sic) showing no clue and no trace of the driver of the truck.

(3.) In the claim case the owner of the truck was opposite party No.1 wh(sic) National Insurance Co. Ltd. was opposite party No.2. Both the oppos(sic) parties had appeared and filed their written statements denying the said cla(sic)