ORIENTAL INSURANCE COMPANY LTD. Vs. RANBIR KUMAR SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 12.09.2008 passed by the Motor Vehicle Accident Claims Tribunal-Cum-1st Additional District Judge-Deoghar in Motor Vehicle Accident Claim Case No. 23 of 1995 by which the learned Tribunal awarded a sum of Rs. 70,800.00 along with simple interest thereon @6% per annum from the date of filing of the application to be paid by the appellant to the respondent no. 1-claimant.

(2.) The brief facts of the case is that the bachelor son of the respondent no.1-claimant namely Brajesh Kumar Singh died in connection with motor vehicle accident on 16.08.1995 at about 6:00 a.m. at Baijnathpur, Deoghar near the motor parts shop and godown of Shivshankar Singh caused by the truck bearing registration no. B.E.M.-9899. It is claimed that the deceased Brajesh Kumar Singh was aged about 18 years at the time of his death and he was a skilled motor parts mechanic and was earning Rs. 45 per day. The respondent no.2 of this appeal who was the opposite party no.1 in the claim petition was the driver of the truck bearing registration no. B.E.M.-9899 at the time of the said accident and the respondent no.3 of this appeal who was the opposite party no.2 in the claim petition, is the owner of the truck bearing registration no. B.E.M.-9899. In the tribunal both, the owner and driver of the truck did not appear nor did they contest the claim. The appellant-opposite party no.3-Oriental Insurance Company in their written statement besides the usual defence pleaded that as the claimant had not produced any relevant document hence, he is not entitled for the claim.

(3.) Basing upon the rival pleadings, the learned Tribunal framed the following six issues :-