M.Y.EQBAL AND D.K.SINHA, JJ. - (1.) THIS appeal by the appellant -Insurance Company is directed against the judgment/award passed by the Motor Vehicle Accident Claims Tribunal, Jamshedpur in Compensation Case No.117 of 2003 whereby the Tribunal awarded a sum of Rs. 8,20,000/ -.
(2.) THE claimants, who are the widow, minor son and daughter have filed the claim case for the death of Surendra Prasad. The deceased while kept his scooter on the left flank of the road and was engaged in natural call, all of a sudden, a trailer came and dashed the deceased and the deceased was crushed and ultimately died The claimants' case is that the deceased was 30 years young man and was carried on Masala Grinding and Polly Pack Industries and his monthly earning was of Rs. 6,000/-.
(3.) MR . Alok Lal, learned Counsel appearing for the appellant assailed the finding of the Tribunal on the issue of rash and negligent driving of the trailer. According to the learned Counsel, the trailer, as a matter of fact, was parked and the deceased in his motorcycle rashly and negligently came in contact with the trailer, which resulted his death.;