LAWS(JHAR)-2018-10-38

UNITED INDIA INSURANCE CO LTD Vs. YAKUB TOPPO

Decided On October 11, 2018
UNITED INDIA INSURANCE CO LTD Appellant
V/S
Yakub Toppo Respondents

JUDGEMENT

(1.) Heard the counsel for the appellant and counsel for the claimants. Nobody appears on behalf of the respondent No.6-the New India Assurance Co. Ltd.

(2.) Vide order dated 03.03.2014, it has been observed that the case should proceed ex-parte against respondent No.6 as New India Assurance Company Ltd. has chosen not to appear. Even today also, nobody appears on behalf of respondent No.6.

(3.) As per the pleading of the parties and the judgment passed by the Tribunal, the fact which emerges that on 211.2002, the deceased namely, Tej Kumar Toppo was travelling in motorcycle bearing Registration No.JH-01B-4261 as a pillion rider with his friend from village Hutar to Mandar. The vehicle was being driven by Arun Kumar Khalkho. It has been alleged that near Bijupara Basti, Bus bearing Registration No.BR-14P-3511 has dashed the motorcycle from behind as a result of which, Tej Kumar Toppo has suffered serious injury, who, subsequently, died during course of treatment on the same day. The deceased was constable in Bihar Regiment.