M.Y.Eqbal, J. - (1.) This appeal filed by appellant insurance company is directed against the judgment and award passed by 2nd Additional Motor Accidents Claims Tribunal, Hazaribagh in Claim Case No. 79 of 1987 whereby the Tribunal has awarded a sum of Rs. 3,02,816 as the compensation amount to claimants-respondents for the death caused by motor vehicle accident.
(2.) The facts of the case lie in a narrow compass.
(3.) The husband of the claimant was travelling in a jeep belonging to Allahabad Bank. On 25.3.1987 while the deceased was going for the inspection of the Branch Office at Giridih a Matador bearing registration No. BPM 7167 came from opposite direction in high speed and dashed against the jeep causing instantaneous death of the deceased. Matador was insured with the appellant insurance company. Deceased was getting Rs. 9,036 per month as salary and on further promotion in near future he would have got Rs. 1,048 additional salary. The deceased was aged 45 years. The appellant insurance company contested the claim on the ground that the accident took place due to negligence of the driver of the jeep in which the deceased was travelling. Further case of the appellant was that the said vehicle was insured under comprehensive policy and the liability was limited to Rs. 50,000 only. The Claims Tribunal assessed the compensation to the tune of Rs. 3,02,816. The Tribunal further held that since the vehicle was insured under a comprehensive policy and the copy of the policy was not proved, therefore, entire amount shall be payable by the appellant insurance company.;