MANISH WAGHMARE Vs. ANANDI MANDAL

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred against the Award dated 08.03.2016 passed by the District Judge-VI-cum-MACT, Dhanbad in Title (M.V.) Suit No. 295/2013 whereby and whereunder the learned Tribunal has been pleased to allow the claim petition of the applicants and claimant was awarded a sum of Rs. 2,02,000/- as compensation and the appellant was directed to pay the same along with interest @ 9 % per annum from the date of filing of claim within a period one month from the date of order. It is further held that insurance company-appellant is entitled to recover the said amount from the O.P. No.1- respondent No.2 herein, the owner of the offending vehicle.

(3.) As per the claim application factual matrix is that the claimantrespondent No.1 is the legal heir of the deceased Rajendra Mandal being Son. On 23.11.2013 at about 10;00 am, Rajendra Mandal after crossing G.T. Road was going towards Durga Mandir but suddently, a truck bearing Regn. No. WB 11B 2585 came very rashly and negligently from the side of Barwadda and dashed Rajendra Mandal as a result of which, he fell down and wheel of the truck ran over the body of Rajendra Mandal. His body was divided into several parts and he died on the spot.