UNITED INDIA INSURANCE CO. LTD. Vs. JYOTI

JUDGEMENT

(1.) This appeal has been preferred against judgment and award dated 24.2.2012 passed by the 1st Additional Dist. Judge-cum-Motor Vehicle Claims Tribunal, Bokaro, in connection with Title (MV) No. 68 of 2009 whereby the appellant insurance company has been directed to pay compensation of Rs. 15,60,356/- to the claimant respondent No. 1 with simple interest at the rate of 6% per annum from the date of filing application. Facts of the case, in brief, is that the deceased Raju husband of the claimant was an employee of Dhori Central Coalfields Ltd. On 6.6.2009 at about 1 p.m., Raju (deceased) along with his friend had proceeded on motorcycle bearing registration No. JH-09D-4764 to attend his duty, but near Subhash Nagar Dumping Side, truck bearing registration No. JH-02K-3428 being driven rashly and negligently caused dash to the said motorcycle, as a result of which he sustained injuries and was removed to hospital where he died. In this connection, Bermo P.S. Case No. 67 of 2009 dated 6.6.2009 under Section 279/304A IPC was registered against the driver of truck bearing registration No. JH-02K-3428. Respondent No. 1/claimant, being widow of the deceased, filed an application for grant of compensation and the said application was registered as Title (MV) No. 68 of 2009.

(2.) The appellant as well as owner and driver of the offending vehicle appeared before the tribunal. The appellant filed show cause, whereas the owner and the diver of the said truck neither filed any document nor written statement. The tribunal considering the age and income of the deceased has been pleased to award compensation as indicated above after deducting interim compensation paid under Section 140 of the Motor Vehicles Act.

(3.) The appellant has assailed the judgment and award on the ground that the owner and driver of the offending vehicle did not produce any document nor did they file their written statement. Since no document including the licence of the driver of the offending vehicle was brought on record, the appellant could not proceed to verify the same and in this view of the matter, the presumption would be that the driver of the offending vehicle was not having valid licence at the time of accident. It was further argued that while calculating compensation amount, the tribunal has accepted the gross salary and the deductions indicated in the pay slip have not been considered.