DEMOY KISHKU Vs. BASANT MAHTO

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) This miscellaneous appeal is directed against the order dated 27th May,2003 passed by Sri Mahendra Narayan Singh, 1st Additional District & Sessions Judge, Bhagalpur in Claim Case No. 10 of 2002 by which he has granted compensation to the tune of Rs. 1,92,858/- with 6% interest with Advocate fee of Rs. 250/- and advocate Clerk Fee of Rs. 50/- exonerating (sic) that the owner of the vehicle shall be liable to pay the amount awarded by the Tribunal.

(3.) The claim petition was preferred regarding the death of the deceased Tala Hembaram by rash and negligent driving of the vehicle bearing no. BR 20 G 3334 for which the First Information Report was lodged and the widow and her three minor children are the claimant. It was asserted in the petition that the deceased was a lorry driver and was earning Rs. 3,000/- per month.