NATIONAL INSURANCE CO. LTD. Vs. RATAN DEVI

JUDGEMENT

(1.) The instant miscellaneous appeal has been directed against the judgment/award dtd. 28/1/2011 passed by the learned District Judge- cum-M.A.C.T., Godda in M.A.C.T. No.43 of 2009 whereby and whereunder the learned Tribunal awarded the amount of Rs.8,05,780.00 alongwith simple interest @ 6% per annum from 22/12/2009 till its realisation within 30 days from the date of award payable by Insurance Company/appellant herein.

(2.) The brief facts leading to this Miscellaneous Appeal are that the claim petition was filed with these averments that on 18/11/2006 at about 3:30 pm deceased Nand Kishore Paswan alongwith his wife Ratan Devi, the claimant no.1 in claim petition, boarded the tempo bearing registration no. BR-34A-0197 at Usary Registry Chowk and was going to house at Rupani. Amid the way 300 yards from the Registry Chowk near the village Barichak at Maheshkhut- Gogari Pacci Road, the jeep bearing registration no. HR-01J-8110 being rashly and negligently driven by its driver dashed the tempo. As a result of the said accident Nand Kishore Paswan sustained serious injury who was referred to hospital Gogari. Police also recorded the statement in course of treatment of Nand Kishore Paswan who succumbed to the injury. The claimant no.1 wife of the deceased also sustained simple injury. The FIR of this case was also lodged with the Police Station Gogari P.S. Case No.304 of 2006 against the driver of both the vehicle Tempo and Jeep as well. Claimant no.1 is the wife claimant nos.2, 3 and 5 are the minor daughters and claimant no.4 is the minor son of the deceased. The deceased was 35 years old at the time of accident and was a government servant who was choikidar. His monthly income was Rs.5,987.00. The post mortem of the deceased was also conducted. The total compensation of Rs.7,73,732.00 was claimed.

(3.) The owner of the offending vehicle Jeep OP no.1 Anil Kumar Yadav filed the written statement with these averment that he is owner of the Jeep and OP no.2 Rajmani Paswan was driver of the same. This vehicle was insured by OP no.3 National Insurance Company Limited. The accident was not caused on account of rash and negligent driving by the driver of the Jeep.