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2010 Supreme(Online)(Jhk) 2

IN THE HIGH COURT OF JHARKHAND
M.Y. EQBAL, JAYA ROY, JJ
Insurance Company – Appellant
Versus
Claimants (Widow and Minor Children) – Respondent


Table of Content
1. facts regarding the accident and initial claims. (Para 1 , 2 , 3)
2. tribunal's issues and findings on maintainability. (Para 4 , 5)
3. arguments by both sides regarding compensation. (Para 6 , 7)
4. court's observations regarding evidence and salary calculation. (Para 8 , 9 , 10 , 11)
5. final decision modifying the compensation amount. (Para 12)

1. This appeal by the appellant insurance company is directed against the judgment and award dated 14.7.2005 passed by Motor Accidents Claims Tribunal, Jamshedpur in Compensation Case No. 116/75 of 2002-2005, whereby he has awarded a sum of Rs. 8,50,000 by way of compensation for the death of Chandra Shekhar Prasad Singh in a motor vehicle accident.

2. The facts of the case lie in a narrow compass. Deceased Chandra Shekhar Prasad Singh, aged 42 years, was working in TISCO Ltd., Jamshedpur. On 26.10.2002 at about 10 p.m. while the deceased was returning home after duty on his motor cycle and when he reached near main road Bistupur, a truck bearing registration No. AP 05 - X 1087 dashed the motor cycle, due to which the deceased fell down on the road and the aforesaid truck ran over the deceased, who died on the spot. A police

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