RELIANCE GENERAL INSURANCE COMPANY LTD Vs. MIRU HEMBROM W/O KARIYA HEMBROM AND ORS
LAWS(JHAR)-2015-5-153
HIGH COURT OF JHARKHAND
Decided on May 06,2015

RELIANCE GENERAL INSURANCE COMPANY LTD Appellant
VERSUS
Miru Hembrom W/O Kariya Hembrom And Ors Respondents

JUDGEMENT

- (1.) This appeal has been preferred against the judgment/award dated 17th July 2014 passed by learned District Judge-III-cum-M.A.C.T, Jamshedpur, in Compensation Case No.64 of 2012, whereby the learned Tribunal awarded compensation of Rs.35,40,740/- with interest @ 7% per annum to the claimant/ respondent to be paid by the appellant/ Reliance General Insurance Company.
(2.) The brief facts of the case as stated is that deceased Kariya Hembrom, was a school teacher and earning salary of Rs.28,600/- per month; that on 22.1.2012 while he was waiting beside the road a tanker bearing no. JH-05A-9105 dashed him due to which he sustained multiple injuries succumbing to death.
(3.) Learned counsel for the appellant, Reliance General Insurance Company, has submitted that the tribunal while awarding the compensation has considered the future prospects which is not tenable in the present case as the deceased was a school teacher and there has no scope of promotion or increment of salary in the cadre in which he was working. It is further submitted that the driving licence of the driver of the vehicle did not bear the endorsement of the Transport Department for driving a transport vehicle and the said vehicle was plying on the route without a valid permit as the validity of the permit had lapsed on 13.06.2008 much prior to 22.1.2012 i.e. the date of accident. On the said grounds it is urged that the appellant/insurance company cannot be saddled with the responsibility or liability to pay the compensation amount.;


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