NATIONAL INSURANCE COMPANY LTD. Vs. GAYANTI DEVI

JUDGEMENT

(1.) THIS appeal has been filed by the appellant - Insurance Company against the judgment/award passed by the Motor Vehicle Accident Claims Tribunal, Jamshedpur in Compensation Case No. 52 of 2006 whereby a sum of Rs. 9,56,000/ -has been awarded.

(2.) THE claimants, who are the widow, the daughters and the son of the deceased, filed claim application claiming compensation, who died in a road accident. The deceased along with his family members were coming from Chapra to Jamshedpur by Indica Car and when they reached near Jhumar Bridge, an Ambassador Car bearing registration No. BPX -0484 was coming from the opposite side in a very rash and negligent manner dashed the Indica Car, as a result of which the occupant of the Indica Car received grievous injuries and ultimately the deceased succumbed to his injuries. Ambassador Car was insured with the appellant -Insurance Company. After the accident took place, a criminal case was instituted against the driver of the Ambassador Car and he was charge -sheeted.

(3.) LEARNED Counsel for the appellant assailed the impugned judgment/award mainly on the ground that the amount of compensation awarded by the Tribunal is exorbitant and excessive. Learned Counsel for the appellant further submitted that it is a case of contributory negligence. So far the question of contributory negligence is concerned, as noticed above, it was proved by evidence that the driver of the Ambassador Car was driving the said vehicle rashly and negligently and dashed the Indica Car. A criminal case was also instituted against the driver of Ambassador Car. After investigation, a charge -sheet was submitted against the driver of the said car. For this reason, we do not find any error in the finding recorded by the Tribunal.