NEW INDIA ASSURANCE CO LTD Vs. MARIAM MINZ

JUDGEMENT

(1.) HEARD Mr. Alok Lal learned counsel appearing for the appellant and mr. R. S. Mazumdar, the learned counsel appearing for respondent No. 1 -claimant. In spite of service of notice to the other respondents, who are the owners of the vehicle, have not appeared.

(2.) THE appellant New India Assurance co. Ltd. preferred this appeal challenging the judgment and award passed by the motor Accidents Claims Tribunal, Gumla in M. J. C. No. 37 of 1998 whereby he has awarded a sum of Rs. 1,92,000 by way of compensation and directed the appellant insurance company for payment of the said amount.

(3.) THE claimant-respondent No. 1 is the mother of the deceased. The case of the claimant is that on 7. 6. 1998 her son Jaipal minz was travelling in a tractor and going to church. It was alleged that the tractor was being driven very rashly and negligently, as a result of which it overturned. Deceased sustained injury and ultimately died.