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Jharkhand High Court · body

2012 DIGILAW 975 (JHR)

National Insurance Company Ltd. v. Geeta Devi

2012-07-13

N.N.TIWARI

body2012
Judgment This appeal is against the judgment and award dated 31.5.2008 passed in Claim Case No.12 of 1999 by learned Motor Vehicle Accident Claim Tribunal-cum-1st Additional District Judge, Deoghar. 2. The appellant has assailed the award mainly on the plea that the driving licence of the driver Karu Pandit was fake but the said fact has not been considered by learned Tribunal. The award has been erroneously made. The impugned award is, thus, illegal and perverse. The appellant has also taken the ground that the quantum of compensation has been erroneously determined without deducting the amount of expenses out of the income of the deceased. The award is, thus, wholly unsustainable in law. 3. Learned counsel appearing on behalf of the claimant-respondent, contesting the appeal, submitted that learned Tribunal has duly considered the relevant aspects and materials on record and has come to a just finding. The assessment of compensation has been properly made in accordance with the prescribed schedule. 4. I have heard learned counsel for the parties. I also perused the impugned award. 5. Learned Tribunal has framed several issues. Issue No.7 is specifically framed on the objection of the Insurance Co. that the licence of the driver Karu Pandit on the date of accident was fake and invalid. Learned Tribunal has discussed the evidence and materials on record and has specifically found and held that the Insurance Co. has not adduced any evidence to prove the said objection. It has been further held that since the plea was taken by the Insurance Company, onus was on the company to prove that the driving licence of the said driver was fake and invalid. 6. The Tribunal has further dealt with the accident and entitlement of the compensation by the claimants in Issue No.8. In his discussion learned Tribunal found that the deceased was aged about 13 years and she was not employed or earning. Her notional income was taken as Rs.15,000/-per annum and compensation has been fixed on the basis of the prescribed schedule. 7. Learned Tribunal has, thus, thoroughly discussed and considered the said issues and has recorded sound reason in coming to his finding. I find no illegality or infirmity in the findings / award of learned Tribunal. This appeal is, accordingly, dismissed. 8. The statutory amount deposited by the appellant be sent to learned Tribunal for dealing with the same in accordance with law.