NATIONAL INSURANCE CO. LTD. Vs. SAMUEL SOREN

JUDGEMENT

(1.) The present miscellaneous appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred on behalf of appellant - National Insurance Company Limited for setting aside the judgment / award dtd. 30/7/2018 passed by learned District & Additional Sessions Judge-IV, Dumka-cum-Motor Accidents Claim Tribunal, Dumka in Motor Accident Claim Case No. 43/2014, whereby and whereunder the claimant has been awarded compensation to the tune of Rs.9,77,200.00 along with interest @ 6% per annum from the date of filing of the claim petition with observation that if the appellant-Insurance Company has any objection, it may realize the paid compensation amount from the opposite party no. 2 / insured.

(2.) Factual matrix giving rise to this appeal is that the deceased Samuel Rakesh Soren was employed as driver of the offending vehicle bearing registration no. JH-04C-6612. On the fateful day of 29/1/2010, when the deceased was driving the offending vehicle reached near Dumaria Road at Village-Chatra at about 1:00 P.M., the tractor attached with trailer suddenly turned turtle due to rash and negligent driving and the driver Rakesh Soren came under the wheels of the tractor and died on the spot while other labourers boarding on the tractor namely, Binor Tudu, Raja Babu Goswami, Rawan Yadav and two other persons sustained injuries.

(3.) In connection with above accident, a fardbeyan was lodged by the eye-witness namely, Binod Tudu bearing Jama P.S. Case No. 14/2010 dtd. 29/1/2010 registered for the offences under Ss. 279, 337, 338 and 304A of the Indian Penal Code against the deceased driver. In course of investigation, post-mortem on the dead body of the deceased was conducted and evidences were collected which disclosed that the accident had taken place due to rash and negligent driving by its driver (deceased) and final form was submitted.