NATIONAL INSURANCE CO. LTD. Vs. SHAIBUN NISHA

JUDGEMENT

(1.) The instant Miscellaneous Appeal has been preferred against the award dtd. 13/3/2018 passed by the learned District Judge-VIII-cum-Motor Vehicle Accident Claims Tribunal-VIII, Giridih in M.V. Claim Case No.64 of 2014, whereby the learned Tribunal has directed the appellant-Insurance Company to pay the compensation amount of Rs.6,63,000.00 to the claimants with interest @ 9% per annum from the date of filing of the claim application till the realization of the amount of compensation.

(2.) The brief facts leading to this miscellaneous appeal are that the deceased who was mason by profession was going on 13/5/2014 at 08:00 am to Jamua from his house for work by Tempo bearing registration No.JH-11J-5779, it was driven by its driver rashly and negligently, who turned turtle and the deceased had fallen from the Tempo and received injuries and succumbed to the injuries at the spot. The deceased after his death, left the claimants as legal heirs. The FIR of this case was registered with the police station concerned and the charge-sheet was also filed against the driver of the Tempo. In this way, the compensation was claimed.

(3.) On behalf of the opposite party Nos.1 and 2, who are the driver and owner respectively, the written statement was filed, in which it has been stated that Md. Shoket is the owner of the offending Tempo and the driver was Md. Furkan , who was driving the said vehicle very carefully but the same got imbalanced due to mechanical defect, as a result of which it became out of control of the driver, hence fell down causing death of the deceased. The said vehicle was insured by the opposite party No.3-National Insurance Company Limited, if any liability is fastened, the Insurance Company is liable.