ORIENTAL INSURANCE CO. LTD. Vs. SHARDA DEVI

JUDGEMENT

(1.) The instant Miscellaneous Appeal has been preferred against the award dtd. 27/2/2019 passed by the learned P.O., M.A.C.T., Ranchi in Motor Accident Claim Case No.114 of 2014, whereby the learned Tribunal has directed the appellant-Insurance Company to pay the compensation amount of Rs.74,64,773.00 to the claimants along with interest @ 9% per annum from the date of admission i.e.4/6/2014 till its realization within 30 days from the date of the judgment/ Award.

(2.) The brief facts leading to this Miscellaneous Appeal are that on 23/2/2014 the deceased along with his relative had left Lohardaga to Kurtha, Bihar by his own car bearing registration NO.JH01AX-3183. When he reached near village Jogiadih (Lamra) about 20km from Lawalong Police Station at Chandwa-Dobhi National Highway, the truck bearing registration No.JH02L-6294, which was driven by its driver rashly and negligently came and dashed to the car of deceased Arun Kumar, as a result of which, all the occupants of the car sustained grievous injury and among them Arun Kumar succumbed to injuries at Sadar Hospital, Chatra and another injured Dwarika Prasad also died during treatment at RIMS. The FIR of this incident was lodged as Lawalong P.S. Case No.08 of 2014 on 23/2/2014 against the driver of the offending truck under Ss. 279, 337, 338, 304A and 427 of the Indian Penal Code. The Investigating Officer after concluded the investigation filed the charge-sheet against the driver of the truck, namely, Md. Sohail Akhtar under very those Sec. . The wife, daughter, two sons and mother of the deceased, namely, Arun Kumar had filed the claim petition with these averments that the deceased was 57 years 3 months old on the date of accident and he was getting salary Rs.69,360.00 per month. The offending truck was insured by opposite party No.2-The Oriental Insurance Company Limited, hence, the compensation of Rs.1.00 crore was claimed.

(3.) Despite service of notice, opposite party No.1- the owner of the offending truck did not appear and the proceeding of claim petition was proceeded ex-parte.