NEW INDIA ASSURANCE CO. LTD Vs. BASANTI DEVI

JUDGEMENT

(1.) Heard Mrs. Sunita Ojha, learned counsel for the appellant, Mr. Avilash Kumar, learned A.C. to Mr. Bhaiya Vishwajeet Kumar, appearing for respondent nos. 1 and 2 (claimants), Md. Zaid Ahmad, learned counsel for respondent no.3 (owner of the vehicle) and Md Ayub Ansari, learned counsel for respondent no.4 (driver of the vehicle).

(2.) This appeal has been filed challenging validity and legality of the award dtd. 29/1/2016 passed by the learned District Judge-I cum MACT Judge, Giridih in Title M.V. Suit No.15 of 2011, whereby the learned tribunal has been pleased to allow the application in favour of the claimants and the insurance company was directed to pay the awarded amount of Rs.2,80,000.00 with interest @ 9% per annum from the date of filing of claim application till its actual payment by account payee cheque in the joint name of claimant nos. 1 and 2, being the mother and father of the deceased, within two months from the date of that order, failing which, the claimants shall be entitled to realize the amount by due process of law.

(3.) Learned counsel for the appellant submits that the claim application was filed stating therein that on 3/1/2007, the deceased Yogendra Yadav @ Ladoo Kumar was standing in front of his house, a tempo bearing no. JH-11C-7328 was coming with a high speed turned turtle on account of negligent of the driver that hit the deceased who died on spot. She further submits that the ground was also taken the driver was driving the vehicle carelessly and negligently and it was overturn due to negligent driving of the driver. She submits that the insurance company has appeared before the learned tribunal and filed written statement. The only point argued by the learned counsel for the appellant is that the road permit of the said tempo was not produced before the learned tribunal and in spite of that, the learned tribunal has been pleased to award the aforesaid amount. She submits that in view of that, this Court may reverse the said award.