SUMITRA DEVI Vs. NATIONAL INSURANCE CO.LTD.

JUDGEMENT

(1.) Heard learned counsel for the petitioners. The Respondent No. 1-National Insurance Company Ltd. was issued notice and from the office note, it appears that the notice was validly served as would appear from the service report. However, no one appears on behalf of the National Insurance Company Ltd. to contest the case, accordingly, this case is being decided at this stage ex parte.

(2.) The petitioners have challenged part of the Award dated 30th July, 2007 (Annexure-2) passed by Permanent Lok Adalat in P.L.A. Case No. 53/06, whereby a sum of Rs. 60,000/- from the total assessed compensation amount of Rs. 2,60,000/- by the Permanent Lok Adalat has been reduced on the ground of contributory negligence of the petitioner no. 1's husband, who died in the course of the accident which took place for which claim application was made.

(3.) It is the contention of the petitioners that petitioner no. 1's husband and father of the petitioner no. 2, namely, Bilkhi Mahto had gone to Barahi Bazar alongwith Nakul Prasad Burnwal for purchasing goat. On return while they were travelling in Commander Jeep No. BR-13C-4699 when near Village-Merham Garha on G.T. Road, at about 3 P.M., a truck dashed the commander jeep from behind as a result of which the said Bhikhi Mahto was thrown out of the jeep and he sustained severe head injuries leading to his death during the course of his treatment.