- (1.) The present appeal has been preferred by Oriental Insurance Co. Ltd. being aggrieved by order dated 13.8.2002 of claims Tribunal, Dhanbad in Title (M.V.) Suit No. 36 of 1993 by which the defendant-appellant was directed to pay Rs. 96,000/- to the plaintiff-respondent, brother of the deceased Raj Kumar Mandal along with defendant No. 5.
(2.) Brief facts necessitating the claim case are that on 5.9.1992 the deceased was driving Maxi-Taxi BR 17-A 3146 on G.T. Road while another vehicle, Truck bearing No. UP 42-6033 dashed the said Maxi-Taxi resulting in death of seven persons including the driver Raj Kumar Mandal. The Tribunal has allowed compensation to the respondent No. 1 assessing the dependency Rs. 500 per month and applied on multiplier of 16 in the present case. The appellant has raised formal issue along with plea of contributory negligence on part of the deceased.
(3.) The learned Counsel for the appellant further raised that the deceased was driver; whose negligence has resulted in the alleged accident. It is also asserted that since the Truck involved was insured with another Insurance Company the liability should have been fastened upon the bigger vehicle also. None appeared for the respondents.;