NEW INDIA ASSURANCE COMPANY LTD. Vs. ROBITRI MUNDA

JUDGEMENT

(1.) Mr. G.C.Jha, the learned counsel appearing on behalf of the appellant/New India Assurance Company Ltd. submits that there is no prayer for recovery from the owner and respondent No.4 is the owner of the vehicle in question. He submits that earlier notices were issued upon the respondent no.4, however, the notice has not been effected. He submits that since the recovery point is not here, the appeal can be heard in absence of respondent no.4 and in that view of the matter, the appeal has been heard on merit in presence of the learned counsel appearing on behalf of the claimants.

(2.) Heard Mr. G.C.Jha, the learned counsel appearing on behalf of the appellant/Insurance Company and Mr. T.N. Mishra, the learned counsel appearing on behalf of the claimants/respondent Nos.1 to 3. Being aggrieved and dissatisfied with the Judgment/Award dtd. 10/9/2014 passed by learned District Judge-III-cum-M.A.C.T., Jamshedpur in Compensation Case No.152/2012, the appellant/ Insurance Company has preferred this appeal.

(3.) The Compensation Case was filed stating therein that the applicants/respondent Nos.1 to 3 herein are the legal representatives of the deceased who was working in Railway and in this regard the pay-slip was filed. At the time of accident, the vehicle in question was insured with the appellant/ Insurance Company namely, New India Assurance Company Limited. The accident took place on 21/6/2011 and the deceased died on the spot. The police has investigated the matter and submitted the charge sheet and the claim application was filed by the claimants for compensation to the tune of Rs.47,39,000.00. Mr. G.C.Jha, the learned counsel appearing for the appellant/ Insurance company submits that the learned court has failed to appreciate the point of contributory negligence as well as the quantum is not in accordance with law. On these two points, he has argued the matter.