UNITED INDIA INSURANCE CO LTD Vs. SUKHNI MAHTO

JUDGEMENT

(1.) THIS appeal by the appellant-Insurance Company is directed against the judgment and award dated 29th september, 2007 passed by Motor Accident claims Tribunal, Dhanbad in Title (M. V.)Suit No. 169/2004, whereby he has awarded compensation of Rs. 2,49,500/- and directed the appellant-Insurance Company to pay the said amount.

(2.) THE claimants-respondents filed the aforementioned case for grant of compensation on account of death of Ramnath mahto in a motor vehicle accident. According to the claimants on the relevant date of accident the deceased was feeling pain in abdomen and he was going for his treatment along with his brother and other villagers at bokaro Hospital by a Ambassador Car No. JH 10d 2510. The said ambassador car on the way dashed against a tree because of rash and negligent driving by the driver of the car, as a result of which the deceased ramnath Mahto died on the spot inside the car.

(3.) THE defendant-respondent, who is the owner of the vehicle, filed written statement stating that the car was insured with the appellant-United India Insurance Company and, therefore, the owner has no liability to pay the compensation amount rather the insurance company is liable to pay compensation, if awarded by the tribunal.