NEW INDIA ASSURANCE CO LTD Vs. RITA

JUDGEMENT

(1.) -This appeal by the appellant insurance company is directed against the judgment and award dated 14.7.2005 passed by Motor Accidents Claims Tribunal, Jamshedpur in Compensation Case No. 116/75 of 2002- 2005, whereby he has awarded a sum of Rs. 8,50,000 by way of compensation for the death of Chandra Shekhar Prasad Singh in a motor vehicle accident.

(2.) THE facts of the case lie in a narrow compass. Deceased Chandra Shekhar Prasad Singh, aged 42 years, was working in TISCO Ltd., Jamshedpur. On 26.10.2002 at about 10 p.m. while the deceased was returning home after duty on his motor cycle and when he reached near main road Bistupur, a truck bearing registration No. AP 05-X 1087 dashed the motor cycle, due to which the deceased fell down on the road and the aforesaid truck ran over the deceased, who died on the spot. A police case was instituted for the rash and negligent driving of the driver of the offending truck. THE claimants, who are widow and minor children, filed a claim application claiming compensation of Rs. 14,50,700 on the ground that monthly income of the deceased was Rs. 11,700.

(3.) THE Claims Tribunal held that the application under section 166 of the Motor Vehicles Act by the claimants is maintainable inasmuch as no application was filed by the claimants claiming compensation under the Workmen's Compensation Act. On the issue of quantum of compensation, the Tribunal, on the basis of income tax return, held that the annual income of the deceased was Rs. 1,33,000. THE Tribunal, therefore, after deducting '/3rd of the total compensation, assessed the compensation at Rs. 9,00,000.