ORIENTAL INSURANCE COMPANY LIMITED Vs. BIPAT ORAON
LAWS(JHAR)-2002-2-70
HIGH COURT OF JHARKHAND
Decided on February 20,2002

ORIENTAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Bipat Oraon Respondents

JUDGEMENT

GURUSHARAN SHARMA, J. - (1.) IN the present appeal, the Insurance Company has challenged the impugned award, passed under the previsions of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) and has raised a limited question that insurer was not responsible to indemnify the liability of owner of the vehicle involved in the accident in question.
(2.) ADMITTEDLY , on 22.8.1991 the truck (BHN -8207) belonging to Gopi Krishna Rajgarhiya met an accident. One Mahabir Oraon was travelling on the said truck with his vegetables loaded thereon. The said truck dashed against bus (MP - 26A -7711), as a result of which Mahabir Oraon sustained injuries and died in course of treatment at Ghaghra Hospital. It was proved that accident took place for the fault of driver of truck and, therefore, its owner was liable to pay a sum of Rs. 1,50,000/ - as compensation to the sole claimant, who was widow of the deceased.
(3.) ANNUAL dependency was fixed at Rs. 12,000/ - and 17 multiplier was applied thereto, which came to Rs. 2,04,000/ -. A sum of Rs. 2,000/ - for funeral expenses, Rs. 5,000/ - for loss of consortium, and Rs. 2,500/ - for loss of estate were added thereon.;


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