ARCHANA JHA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Claimant-appellant has preferred this appeal for enhancement of compensation assessed by the Motor Accidents Claims Tribunal, Jamshedpur by judgment and award dated 7.10.2005 passed in Compensation Case No. 80 of 1993. By the said judgment a sum of Rs. 5,12,180 has been awarded to the appellant for the death of her husband in a motor vehicle accident.

(2.) We have heard the learned counsel appearing for the claimant-appellant and the insurance company on the question of quantum of compensation as the parties are not in issue on other facts.

(3.) The facts of the case in brief are that the deceased Jitendra Nath Jha along with his wife, Archana Jha, boarded Tata Maxi 407 at Ghatshila on 29.4.1993 for going to Jamshedpur. It was stated that the driver of the said Maxi was driving the vehicle very rashly and negligently in high speed. When the said Maxi reached near village Kapagora on NH 33, it dashed with the military truck coming from the opposite direction, as a result of which the deceased died on the spot and appellant sustained injuries.