AMITAV K.GUPTA,J. - (1.) The instant appeal has been preferred against the judgment/award dated 15.06.2012, passed in Title (M.V.) Suit no.147 of 2007, by the District Judge-III-cum-Tribunal, M.A.C.T., Dhanbad, whereby the appellant-Bajaj Allianz General Insurance Company Ltd., has been directed to pay the compensation amount of Rs.5,08,436/-, less Rs.50,000/- paid under Section 140 of the Motor Vehicle Act, 1988, with interest @ 6% per annum from the judgment/award dated 15.06.2012, till the payment of the said amount.
(2.) Learned counsel for the appellant-Insurance Company, has submitted that the deceased was the employee of M/s. B.C.C.L., and she died in course of employment, when she was run over by the tipper/dumper bearing registration no. JH-10F-4527, where after the claimant/respondent, who is the son of deceased, was given employment on compassionate ground, in place of his deceased mother. It is further submitted that the court below has failed to consider and appreciate that the accident took place within the Benidih Colliery siding, which is not a public place, as defined under Section 2(34) of the Motor Vehicles Act, 1988. It is submitted that the compensation is exorbitant as the court below did not appreciate the fact that the claimant/respondent, has received the entire retiral dues and benefits payable to the deceased and has been given employment on compassionate ground on account of the death of his mother.
(3.) On the above grounds it is urged that the impugned judgment/award is fit to be set aside and award be reduced.;