ORIENTAL INSURANCE CO LTD Vs. SAVITRI KUMARI SINGH

JUDGEMENT

(1.) THIS appeal by the directed against the judgment and award appellant Oriental Insurance Co. Ltd. is dated 31. 3. 2006 passed by the Additional district Judge-cum-Motor Accidents Claims tribunal, Jamshedpur in Compensation Case no. 15 of 2002 whereby he has awarded a sum of Rs. 12,87,000 by way of compensation on account of death of the deceased mahendra Kumar Singh in a motor vehicle accident.

(2.) THE claimants who are the widow, minor sons and daughters of the deceased filed the claim petition stating, inter alia, that on 29. 9. 2001 the deceased was coming from school where he was a teacher and when he reached near Agrico Chowk, jamshedpur, a minibus bearing registration no. BR 31-2223 came in a very rash and negligent manner and dashed against the deceased. He sustained multiple injuries including the internal fatal injuries and died on the spot. It was alleged by the claimants that the deceased was a senior teacher in jamshedpur Workers' Union High School and his income was Rs. 13,000 per month as his salary which he was getting from the school. The deceased was aged about 40 years and because of his sudden death the claimants' future has been seriously affected. The owner of the vehicle contested the case by filing written statement stating, inter alia, that the vehicle was insured with oriental Insurance Co. Ltd. The appellant insurance company has also contested the claim denying and disputing its liability on the ground that the offending vehicle was insured with appellant insurance company on 3. 10. 2001 whereas the accident took place on 29. 9. 2001. Appellant insurance company also contested the claim case on the quantum of compensation claimed by claimants.

(3.) THE Tribunal after recording the evidence both oral and documentary came to the conclusion that the vehicle having been insured with the appellant insurance company, the compensation amount is liable to be paid by it. On the question of quantum of compensation the Tribunal held that the compensation of Rs. 12,87,000 shall be just and reasonable compensation.