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2000 DIGILAW 1307 (PAT)

New India Assurance Co. Ltd. v. Kanhaiya Bari

2000-12-10

A.K.SINHA

body2000
Judgment 1. Heard the parties. 2. This appeal is being disposed of at the stage of admission itself. This appeal has been preferred against the award dated 18.9.1998 passed by the 1st Addl. Claim Tribunal Judge, Rohtas at Sasaram in Motor Vehicle claim case no. 16 of 1993 whereby and whereunder the learned Tribunal has awarded a total sum of Rs. 1,44,000/- as compensation and directed the appellant Insurance Company to pay the balance amount of Rs. 1,19,000/- together with interest from the date of filing of the petition till its final payment since the claimant had received a sum of Rs. 25,000/- by way of interim compensation. 3. It appears from the judgment of the learned Tribunal that following issues were framed : (i) Whether the claim application is maintainable? (ii) Whether the accident occurred due to the rash and negligent driving on the part of the driver of the bus? (iii) Whether the deceased Ashok Kumar died because of the accident involving bus no. B.R. 1B-1161 occurring at the place, date and time and in the manner alleged? (iv) Whether the claimant is entitled to the relief as prayed or as to any other relief? 4. The learned Tribunal decided issue no. II and III in the affirmative and held that the accident took place due to the rash and negligent driving on the part of the driver of the bus. While coming to the aforesaid conclusion the learned Tribunal has discussed the evidence, facts and circumstances of the case and I do not find any infirmity or impropriety in the finding arrived at by him in respect of the aforesaid issues. 5. So far the quantum of compensation is concerned, the claimant had made the claim of Rs. 1,50,000/-. The learned Tribunal awarded sum of Rs. 1,44,000/- only and the finding regarding the income of the deceased and the multiplier applicable thereto appears to be quite justified and it does not require any interference by this Court. 6. In sum and substance I find that the order passed by the learned Tribunal awarding compensation of Rs. 1,44,000/- is quite reasonable and justified and does not require any interference by this Court. In the result therefore, I find no merit in this appeal which stands dismissed. 7. 6. In sum and substance I find that the order passed by the learned Tribunal awarding compensation of Rs. 1,44,000/- is quite reasonable and justified and does not require any interference by this Court. In the result therefore, I find no merit in this appeal which stands dismissed. 7. The Insurance company is directed to pay the remaining amount of compensation together with interest to the claimant within a period of two months from the date of this order, failing which the claimants shall be entitled to recover the amount by due process of law at the cost of the appellant. However, there will be no order as to costs.