NATIONAL INSURANCE CO LTD Vs. JAYANTI DEVI

JUDGEMENT

(1.) -This appeal by the insurance company is directed against the judgment and award dated 30.8.2008 passed by the Motor Accidents Claims Tribunal, Dhanbad in Title (M.V.) Suit No. 152 of 2003 whereby he has awarded a sum of Rs. 2,94,720 as compensation for the death of the deceased who died in a motor vehicle accident.

(2.) THE short facts of the case are that the deceased, Ram Prasad Mandal, was working as labourer in the vehicle which is a tractor and trailer. THE claimants case is that on 23.4.2003 when the deceased was going on a tractor for loading the stone chips, the vehicle fell down in a ditch causing death of the deceased. F.I.R. was lodged to that effect and a criminal case was instituted being Topchanchi P.S. Case No. 83 of 2003. According to the claimants, the deceased was aged 36 years and his monthly earning was Rs. 2,400.

(3.) THE Tribunal after hearing the parties and on consideration of the evidence adduced by the claimants, decided all the issues against the appellant insurance company and awarded a sum of Rs. 2,94,720 as compensation.