ORIENTAL INSURANCE COMPANY LIMITED Vs. BIPAT ORAON

JUDGEMENT

(1.) IN the present appeal, the Insurance Company has challenged the impugned award, passed under the previsions of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) and has raised a limited question that insurer was not responsible to indemnify the liability of owner of the vehicle involved in the accident in question.

(2.) ADMITTEDLY , on 22.8.1991 the truck (BHN -8207) belonging to Gopi Krishna Rajgarhiya met an accident. One Mahabir Oraon was travelling on the said truck with his vegetables loaded thereon. The said truck dashed against bus (MP - 26A -7711), as a result of which Mahabir Oraon sustained injuries and died in course of treatment at Ghaghra Hospital.

(3.) ANNUAL dependency was fixed at Rs. 12,000/ - and 17 multiplier was applied thereto, which came to Rs. 2,04,000/ -. A sum of Rs. 2,000/ - for funeral expenses, Rs. 5,000/ - for loss of consortium, and Rs. 2,500/ - for loss of estate were added thereon.