GUDAKI DEVI Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THE present miscellaneous appeal under section 173 (1) of the Motor Vehicles Act, 1988 is directed against the judgment/award passed by the motor Accidents Claims Tribunal, Hazaribagh in Claim Case No. 148 of 1998 on 25. 8. 2006 whereby the respondent Oriental insurance Co. Ltd. was directed to pay a sum of Rs. 1,50,000 to the appellant with interest from the date of filing of the claim case subject to production of her succession certificate before the Claims Tribunal.

(2.) THE fact of the case in short was that while the deceased Ganesh Karmali was sitting on a chabutra (platform), engaged in gossiping with a co-villager Rameshwar ram by the side of the road near Bharat metal at Kuju, the offending truck bearing registration No. BPL 5935 dashed against him causing injuries on his head as a result of which he instantaneously died at the spot. The co-villager Rameshwar Ram also sustained injuries and in the same sequence an Ambassador car bearing registration No. BPY 5436 also sustained damage giving rise to Mandu P. S. Case No. 93 of 1998 on 27. 3. 1998 has been instituted.

(3.) THE contention of the appellant was twofold, viz. :