BRANCH MANAGER, Vs. RADHA PRADHAN

JUDGEMENT

(1.) The only question that arises for determination in this Appeal is whether the deceased was a gratuitous passenger in the vehicle in accident, i.e., truck (Tata), bearing registration No.WB 73 D 8533, the resultant relief or denial thereof would be contingent upon such determination.

(2.) It was contended by Learned Counsel for the Appellant-Insurance Company that the deceased was a The Branch Manager, Chola MS General Insurance Co. Ltd. vs. Radha Pradhan and Others gratuitous passenger and travelling in a goods carrier vehicle which met with the accident and hence was not entitled to claim any compensation whatsoever. The other arguments raised were that the Respondent did not produce any eye-witnesses to the alleged accident nor was the authority who issued the relevant documents including the Driving Licence of the driver examined before the Learned Claims Tribunal. That, the Income Certificate of the deceased was procured only for the purpose of obtaining enhanced compensation and in the absence of proof of income or voucher thereto an income of Rs.3,10,000.00 per annum as projected by the Claimants-Respondents cannot be considered as the correct income of the deceased. The seizure list of the vehicle does not reflect that the goods carried therein were bricks as alleged by the Claimants-Respondents, but was infact timber. The owner of the goods alleged to be one Arun Rai was not produced as a witness to prove the plea of the Claimants/Respondents. The aforestated grounds do not entitle the Claimants-Respondents to any compensation, thus the impugned Judgment and Award dtd. 24/10/2018 of the Learned Claims Tribunal be set aside.

(3.) Refuting the arguments advanced by Learned Counsel for the Claimants-Respondents it was contended that the deceased was travelling in the goods carrier with the loaded goods as the representative of the owner and therefore the compensation cannot be declined. The income of the deceased being Rs.3,10,000.00 (Rupees three lakhs and ten thousand) The Branch Manager, Chola MS General Insurance Co. Ltd. vs. Radha Pradhan and Others only, per annum, as has been established by the documentary evidence. All other documents furnished by the Respondents also substantiate their claims and in such circumstances, the impugned Judgment requires no interference.