- (1.) THIS appeal by the appellant-Insurance company is directed against the judgment and award dated 12th May, 2005 passed by claims Tribunal, Chaibasa in Claim Case no. 12/2003 whereby he has awarded a sum of Rs. 1,35,000/- by way of compensation and held that the Insurance Company is liable to pay the said amount.
(2.) THE facts of the case lie in a narrow compass: claimants' case was that on 15th March, 2003 the deceased Gunu Machuain went to village Tekrahatu to work and collect "bakshis" from her employer, as maghe festival was fixed at the said village on 15th March, 2003. After the day's work and collection of two bags of rice and paddy and other articles as "bakshis" the deceased, while returning, met truck No. BR-18-7345 belonging to one Laxman Munda, O. P. No. 1, who was also returning to Chaibasa. On seeing the deceased the deceased the truck stopped and on her request the deceased boarded the truck with her goods on payment of fare. The driver started the truck which was loaded with cylinders in high speed and in a rashly manner. After going some distance the driver lost control over the offending vehicle and it turned turtle in a nearby field and the deceased was dumped under the cylinders and died instantaneously due to the injury sustained by her.
(3.) THE appellant-Insurance Company appeared and filed written statement stating, interalia, that the vehicle was a goods carrying vehicle and it was carrying cylinders and, therefore, the Insurance Company is not liable to pay compensation. Further case of the appellant is that the deceased was travelling without any goods. The Tribunal considered the evidence adduced by the claimants and recorded its finding in para 8 of the judgment which is reproduced hereinbelow: "appellant witness No. 6, Guru Machhua is one of the claimants and is the husband of deceased, Gunu Machhuain. He has deposed that on 15th March, 2003 his wife Gunu Machuain died in alleged accident. He has further deposed that deceased was mid-wife and she earned rs. 50/- to Rs. 60/- per day. He has made a claim of Rs. 2,00,000/- alongwith his son, Mangal Ram Machhua, budhram Machhua and daughters minor, Debu Machua, minor Jitu Machua minor Lachmi Machua. Applicant witness No. 2, Krishna Munda has deosed that on 15th March, 2003 Guni machian alongwith Chimni Machian went to village Tetarhatu. He went in search of them to village Tekrahtu in the evening on 15th March, 2003. He has further deposed that Gunu Machuain alongwith Chimni Machian were coming on foot. After covering a short distance, a truck bearing No. BR-18. 7345 came from towards village Tgekrahatu and stopped near Chunu Machian and chimni Machian. Driver of B. R. 18. 7345 came from towards village Tgekrahatu and stopped near Chunu Machian and chimni Machian. Driver of the offending vehicle told to Gunu Machian that he was going to Chaibasa and on the instruction of the driver of offending vehicle, deceased alongwith Chimni machian barded the offending vehicle. He has further deposed that as the offending vehicle reached in between village Tekrahatu and Kamarhatu, the vehicle due to rash and negligent driving of the driver turned turtle and Gunu machian alongwith Chimni Machain were died at the spot. He has further deposed that the alleged accident took place due to fault of the driver, who drove the vehicle rashly and negligently. In his cross-examination he has stated that when he was going in search of guru Machain, she met him on the way and the truck was turned turtle after covering a distance of 500 yards after boarding Gunu Machuain and Chimni machuain. Applicant's witness No. 3, bhim Machua had deposed that Gunu machian was died in accident. She used to work as mid-wife and earned Rs. 60/-to 70/- per day. The perusal of Ext. 2, fardbeyan of Mangal Machua son of guru Machua, reveals that the deceased gunu Machian alongwith Chimni machain went to village Tekrahtu on 15lh March, 2003 at about 7 a. m. and they were returning in the evening by 407 truck gearing No. Br-18-7345 and they were died in an accident by turning turtle of the off ending vehicle near village kamarhatu and they were died by crushing under the Gas cylinder loaded over the offending vehicle. The perusal of Ext. 1 formal F. I. R. shows that Muffasil p. S. case No. 28 of 2003 dated 15th march, 2003 was registered on the basis of fardbeyan Ext. 2, of Manal Machua. The perusal of the certified copy of the charge-sheet Ext. 3 bearing No. 51 of 2003 dated 6th May, 2003 reveals that the charge-sheet under Section 279/-304-A of the I. P. C. against Rajesh maharana O. P. 1 No. 2, driver of the offending vehicle at the relevant time was submitted by the police. The perusal of certified copy of the post-mortem report, Ext. 4, shows that the age of the deceased is 40 years at the time of post mortem examination i. e. on 16th March, 2003. It further reveals that the deceased had sustained injury on her person as (i)Left hand crushed fracture whole limb, (ii) Left leg crushed fracture, and (iii)Bruise over anterior chest wall. It further shows that the deceased was died due to haemorrhage and shock and respiratory arrest which caused by hard and heavy object. ";