NATIONAL INSURANCE COMPANY LTD. Vs. ISHARUL HAQUE

JUDGEMENT

(1.) The instant miscellaneous appeal has been preferred by the appellantThe national Insurance Company Limited against the award dtd. 23/4/2014 passed by District Judge-III cum M.A.C.T, Jamshedpur in Compensation Case No. 08 of 2011 whereby and where under, the learned Tribunal has awarded a sum of Rs.2,54,000.00 with interest thereon at the rate of 9% per annum from date of filing of claim case within a period of 30 days.

(2.) The brief facts of the case are that a passenger commander Jeep (Taxi) having No. BR 7P- 1013 got overturned at Lalpur Chauk on 19/5/2009, due to rash and negligent driving of its driver. Passengers who were travelling in the said jeep got seriously injured and were taken to the hospital. One of the passenger namely Ahmadi Begum (since deceased) who also got injured was referred to D.M.C.H, Darbhanga due to her serious condition and during her treatment she succumbed to injury.

(3.) An F.I.R. regarding above said incident has been got registered being Singhwara P.S. Case No. 77/09 under Sec. 279/337/338 of IPC. Thereafter, due investigation was done and charge sheet was submitted against one Rajdeo Manjhi, driver of offending Jeep (Taxi), bearing registration no. BR 7P 1013. The respondent/claimant, who happens to be husband of the deceased- Ahmadi Begum, filed an application under Sec. 166 of the Motor Vehicle Act, 1988 (in short M.V. Act, 1988).