ORIENTAL INSURANCE COMPANY LTD Vs. MARANGMAY MURMU

JUDGEMENT

(1.) This appeal has been preferred by the Oriental Insurance Company Limited against the judgment and award dated 07.08.2012 passed by the Principal District Judge cum M.A.C.T., Godda in connection with M.A.C.T. No.53/2012.

(2.) The appellant has assailed the impugned judgment on the ground that the deceased himself was negligent and by causing dash to the railing of the bridge, he fell down below the bridge and sustained injury and died. The Tribunal has not considered the fact that the deceased himself was liable for his death and, therefore, such an act could not be compensated. In the F.I.R. itself it is contended that the deceased was rash in driving as a result he caused dash to the railing and fell down below the bridge.

(3.) Counsel appearing for the owner -respondent No.3 has submitted that the deceased himself was negligent and the injury which resulted in his death could be considered self -inflicted. The claimants are not entitled for any compensation.