NATIONAL INSURANCE CO.LTD., BOKARO Vs. HAKIBUN BIBI

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and award dated 25th June, 2012 passed by learned Principal District Judge-cum-Motor Accident Claims Tribunal Judge, Bokaro in T.M.V. Claim Case No. 64 of 2010, whereby learned Tribunal has awarded compensation to the claimants. The case of the claimants was that the deceased Shamim Ansari, who was a mason, while going to his work place on 4.5.2010 at 7:45 a.m., met with an accident with the offending vehicle and sustained multiple injury including head injury which caused his death during his treatment. According to the claimants, the accident took place because of rash and negligent driving of the offending vehicle. The offending vehicle was seized and driver was arrested on the spot. The deceased was admitted to Regional Hospital, Dhori. He was then referred to Muskan Hospital, Chas. After some time, looking to his serious condition, he was referred to Apollo Hospital, Ranchi where he died on 29.5.2010. The deceased was an expert mason and his daily earning was Rs. 225/- which comes to Rs. 6,000/- as monthly income. The claimants are the widow and minor children of the deceased.

(2.) The respondent nos. 2 and 3 - owner and driver-had appeared and contested the claim case. One of the grounds of contest was the denial of accident. The further ground was that the vehicle was insured with National Insurance Company Ltd. at the time of alleged accident and the driver was holding a valid licence at the time of accident.

(3.) The appellant-Insurance Company had appeared and contested the claim case on the ground that necessary particular of the driver was not furnished and the claim amount is speculative.