SHAKUNTALA DEVI Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) The instant Misc. Appeal has been directed on behalf of the Claimants/ Appellants against the impugned Award, dtd. 13/3/2023 passed by the learned District Judge-I-cum-P.O.M.A.C.T., Bokaro in Motor Accident Claim Case No.53 of 2020.

(2.) The brief facts leading to this Misc. Appeal are that the Claimants had filed the Claim Petition with these averments that on 27/12/2019 deceased Mantu Soren had gone to market and when he reached near Jaina Chowk four lane Main Road P.S. Jaridih, the Driver of Truck No.JH-09-AE-6872 came rashly and negligently and dashed the deceased by which the deceased got serious injuries and died on the spot. After his death, deceased left his wife, three children and mother and father. All were dependent on the income of deceased. After his death they had become hand to mouth. Deceased was 35 years old was a Mason and was earning 15,000 per month. As such the amount of Rs.30,00,500.00 was claimed as Compensation in the Claim Petition under Sec. 166 of the M.V. Act. On the Written information given by Raj Mohan Soren Jaridih P.S. Case No. 0178 of 2019 under Ss. 279/304-A of I.P.C., was registered against the Driver of offending Truck JH-09-AE-6872 in which the I.O. after having completed the investigation, filed the Charge-sheet against the Driver of the offending vehicle, namely, Robin Chakra Mandal. The said Truck was also insured by National Insurance Company.

(3.) O.P. No.1 (Respondent No.2 herein) the Owner of the Truck filed the Written Statement denying the averment of the Claim Petition stated that the said Truck was not driven rashly and negligently by its Driver-Robin Chakra Mandal. The offending vehicle was insured by O.P. No.2 (Respondent No.1 herein)-National Insurance Company and the Insurance Policy was valid from 30/10/2019 to 29/10/2020. The Driver of the vehicle was also having a valid and effective Driving Licence on the very date of accident. The offending vehicle was driven with all the valid documents. If any liability is found, the same can be fastened to Insurance Company.