NATIONAL INSURANCE CO. LIMITED Vs. CHOTNI DEVI

JUDGEMENT

(1.) THIS application at the instance of the appellant - Insurance Company is directed against the judgment and award dated 4.2.2006 passed by the Additional District Judge, Motor Vehicle Claims Tribunal, Dhanbad in Title (M.V.) Suit No. 77 of 2001 whereby compensation of Rs. 2,40,000/ - has been awarded to the claimants.

(2.) THE claimants, who are the widow, four minor sons and daughters, filed the claim petition claiming compensation for the death of Jag Lal Kanu due to fatal road accident. The deceased Jag Lal Kanu was going to village Lokabad on foot with his trolley along with his brother -in -law for selling chat and golgappa. As soon as they reached at village Madaidih near a bridge, a truck bearing registration No. WB -11 -3350 knocked him down from his back, as a result of which the deceased fell down towards right side of G.T. road. The deceased also sustained serious injuries from another truck which was coming from behind and knocked him down and crossed over his body as a result of which he died on the spot. The truck bearing registration No. WB -11 -3350 was insured with the appellant -insurance company. The Tribunal after hearing the parties assessed the compensation at Rs. 2,40,000/ -.

(3.) THE Tribunal while deciding issue No. 5 and 6, has categorically held that the driver of the offending vehicle was having a valid driving licence. Para.10 of the judgment is worth to be quoted herein below: