RANI JHA Vs. COMMANDANT CISF

JUDGEMENT

(1.) THIS Misc. Appeal has been filed by the claimants, against the judgment dated 14.2.2000 passed by Shri D.D. Pandey, Third Additional District Judge, Dhanbad (Motor Vehicle Accident Claim Tribunal) in Title (M.V.) suit No. 82 of 1997 whereby and where under the claim of the claimants filed under Section 166 of the Motor Vehicles Act has been dismissed,

(2.) THE case of the claimants -appellants in short is as follows. On 24.5.1997 at about 10.30 p.m. Jitendra Jha (deceased) was going to Dhanbad Station. One Jeep bearing Registration No. B -H - R -1352, driven rashly and negligently dashed the said Jitendra Jha (deceased), causing multiple injuries, resulting his death. The monthly income of the deceased was Rs. 1500/ - and he was aged about 27 years at the time of his death. The amount of compensation claimed was Rs. 4,50,000/ - (Four Lakh Fifty Thousand). A case was registered as Dhanbad GRPPS Case No. 26 of 1997 dated 24.5.1997 under Section 279, 337, 338, 427 and 304, IPC. The aforesaid offending vehicle was insured with the United India Insurance Company Ltd. (Dhanbad).

(3.) THE defendant No. 1, the Commandant, CISF, Koyla Nagar, Dhanbad also appeared and filed its written statement, denying all the allegations made in the claim petition. However, it was contended that as the vehicle was Insured, the claimants are entitled to get compensation from the Insurance Company. It was also said that the defendant No. 1 was not the owner of the vehicle in question but was user of the vehicle.