UNITED INDIA INSURANCE CO LTD Vs. RAMESHWARI DEVI

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred against the judgment dated 09.09.2013, passed by learned Presiding Officer, Motor Vehicle Accidents Claims Tribunal, Ranchi in Compensation Case No. 19 of 2008.

(3.) Facts of the case in short is that on 06.08.2007, a trailer loaded with iron sheets fell down in ditch near 50 yards East of Banarasi Hotel on N.H. 33. It is the further case of the claimant that the crane bearing Reg. No. 38 C-8627 was engaged to pull the said trailer and when the deceased namely, Arbind Singh was trying to hook, trailer with chain of the crane then in the meantime the driver of the said crane drove the vehicle in rash and negligent manner due to which the iron sheets loaded over the trailer fell down over the said Arbind Singh causing fatal injuries to him and due to said injuries, he died on the spot. It is further case of the claimant that the deceased was the sole bread earner of the family and due to his accidental death, the claimants have been suffering pecuniary and non-pecuniary losses for which they are entitled to get compensation from the Opposite Party-Appellant. It is the further case of the claimants that the deceased was a labourer and he was earning Rs.3000/- per month and due to his death, the claimant No.1 has deprived of companionship of her husband and other claimants have also lost the love and affection of their father. On these grounds, prayer was made to grant compensation to the tune of Rs.5.00 lakh with interest @ 9% per annum accrued thereon.