Amitav K. Gupta, J. - (1.) This appeal is directed against the judgment and award dated 07.01.2011 passed by the 1st Additional District Judge-cum-Additional Motor Vehicle Accident Claim Tribunal, Bokaro, in T.M.V. Case No.87 of 2006, whereby the appellants-United India Insurance Company Limited has been directed to pay the compensation amount of Rs.10,44,500/- with interest at the rate of 7% to the respondents/claimants from the date of filing of claim application, i.e., 2.11.2006.
(2.) Asha Devi, the claimant is the mother of deceased Pritesh Kumar Singh who died on account of motor accident involving Bolero vehicle No. MP-53D-0455 and Tata 407 Mini Truck bearing registration No. BR-40-7100. It is stated that the deceased Pritesh Kumar Singh was aged about 22 years and was a meritorious student pursuing B.Tech graduate in M.G.R. Educational Research Centre, Chennai. That he was likely to earn Rs. 10,000/- per month on his appointment as an engineer. The owner and driver of Tata 407, Mini Track filed their written statement denying the manner of the accident. It is stated that the Bolero turned turtle as the driver of Bolero vehicle and Tata Sumo were trying to overtake each other due to which the driver of the Bolero lost control and the Bolero skidded and fell off the road into a dry pond. The appellant/United India Insurance Company Ltd. filed the written statement denying its liability to pay the compensation. It is asserted that due to the rash and negligent driving by the driver of the Bolero vehicle, the accident took place.
(3.) The owner of the Bolero vehicle filed his written statement stating that the deceased and others were travelling in the Bolero vehicle as members of the "barat" party and some members of the barat party were travelling in Tata Sumo vehicle. It is averred that Bolero had stopped on the left side of the road awaiting the arrival of Tata Sumo vehicle. That at that time Tata 407, Mini Truck, No. BR-40-7100 which was being driven rashly and negligently hit the Bolero vehicle due to which the Bolero fell in the dry pond. The deceased and two other occupants succumbed the injuries sustained due to the said accident. It is stated that the vehicle was insured with National Insurance Company, Limited, and the driver was holding a valid driving licence.;