Deoki Nandan Prasad, J. - (1.) This misc. appeal is at the instance of Oriental Fire & General Ins. Co. Ltd. challenging the judgment dated 18.12.1992 passed by the Motor Accidents Claims Tribunal-cum-1st Addl. District Judge, Singhbhum (West) at Chaibasa, whereby and whereunder the learned Claims Tribunal allowed the compensation case in part and the appellant was directed to pay the compensation of Rs. 15,000 under section 92-A of Motor Vehicles Act.
(2.) The short facts giving rise to this appeal are that on 8.2.1988 at about 3.45 p.m. Pachai Hessa (deceased) was returning from Hat Gamaharia to his house at village Mata Guru (Jhinkpani). As there was no bus available in the said route and, therefore, the deceased boarded the truck bearing No. BRS 5303 owned by Basant Kumar Agarwal. There were also about 20 other persons boarded on the said truck. The driver of the truck, who was in drunken state started driving rashly and negligently and lost his balance and dashed the truck against a tree as a result of which the passengers were thrown away and Pachai Hessa sustained severe injuries resulting in his death. Accordingly, the case was registered at the police station. It is also claimed that the deceased was working as a laboratory boy under A.C.C. Jhinkpani and at the time of accident he was only earning member of the family and accordingly the claim was filed for a compensation of Rs. 3,00,000.
(3.) In course of trial, witnesses were examined and some documents were also filed. After having heard both parties, the trial court passed the judgment impugned allowing a sum of Rs. 15,000 to be paid to the claimant by the appellant insurance company.;