BABITA ORAIN Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) WE have heard learned counsel appearing for the parties and with their consent this appeal is disposed of at the admission stage.

(2.) THE claimants/appellants filed this appeal against the judgment dated 24.9.2008 passed by the Motor Vehicle Accident Tribunal, Lohardaga in Compensation Case No. 41 of 2007 whereby a sum of Rs. 2,04,000/ - (two lakhs four thousand) alongwith interest at the rate of 6% per annum has been awarded for the death of Bharat Oraon in a motor vehicle accident. The case of the claimants is that on 19.1.2007 at noon the deceased Bharat Oraon had come to Village Patratoli near Sanskrit School for working as a labourer and a truck having number BHD -1765 came rashly and negligently and crushed him as a result of which he died on the spot. Further case is that Bharat Oraon was 25 years old at time of the said accident and claimants are the widow, daughters and parents of the decesed. Bharat Oraon (the deceased) used to earn Rs. 5,000/ - per month and the offending truck was insured with the National Insurance Company Limited at the relevant time. Hence claimants are entitled to get a compensation amount 5,00,000/ - (five lakhs) alongwith the interest thereon from the Insurance Company.

(3.) AFTER considering the oral and documentary evidence adduced by the party, I find that at the relevant time the deceased Bharat Oraon was at the place of occurrence and the offending truck bearing number BHD -1765 came rashly and negligently and crushed Bharat Oraon as result of which he died at the spot. From the evidence and post mortem report, I find that the age of the deceased was 25 years at the time of occurrence. Furthermore, the insurance paper clearly shows that the aforesaid offending truck was insured with the National Insurance Company limited at the relevant time.