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1996 Supreme(Pat) 74

R.N.SAHAY
Kalawati Devi – Appellant
Versus
Zawahirul Nisan – Respondent


Judgment

R.N.Sahay, J.

1. This is an appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 against the judgment and award of the Additional Claims Tribunal, Dhanbad dated 22.4.1994 whereby the claim of the appellant for compensation has been awarded to the extent of Rs. 57,600.00 only against the owner of the offending vehicle, the Tribunal having absolved the insurer from the liability of compensation. The appellant being aggrieved by the quantum of compensation determined by the Tri- bunal and the decision that the insurer was not liable in the facts of the case has filed this appeal. The appellant had claimed com- pensation of Rs. 3,50,000.00 . The appellant seeks enhancement of compensation by this Court.

2. The appellant is the widow of Raju Saom, a vegetable merchant. He hired a public carrier goods vehicle bearing the registration No. BRW 2895 on 18.4.1990 for transporting vegetable from Jharia to Saharpura Bazar. He was accompanying the goods. The truck met with accident on way, Raju was killed on the spot. He was aged 35 years earning Rs. 1,000.00 per month from his business. The truck was insured with National Insurance Co. Ltd., respondent No. 2.

3. The appellant broug






























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