PRATIMA SHUKLA Vs. JAGANNATH MISHRA

JUDGEMENT

(1.) Heard parties.

(2.) This appeal under Section 173 of M.V. Act, 1988 has been filed on behalf of appellant / United India Insurance Company Limited against the judgment dated 7.7.2014 and award dated 14.7.2014 passed by Ad hoc Additional District Judge-I -cum-M.A.C.T., Muzaffarpur in M.V. Claim case no.76 of 2012 by which the tribunal has awarded compensation of Rs.30,42,546/- to the claimant with interest @ 6% per annum from the date of filing of claim case till its payment.

(3.) Briefly stated the facts of the case is that FIR was instituted by Rakesh Kumar Shukla brother of the deceased Dinesh Kumar Shukla which was registered as Traffic P.S. Case No. 308 of 2008 dated 21.12.2008 against unknown driver of the unknown vehicle. It was alleged in the written complaint that the brother of informant Dinesh Kumar Shukla was administrative officer in United India Insurance Company Regional Office, Patna and on 20.12.2008 at about 5.15 p.m. while he was passing near Hartali More, he was dashed by some unknown vehicle as a result of which, he was injured and was taken to CNS Hospital for treatment and, thereafter, shifted to Tara Nursing Home on 20.12.2008 and was under treatment in said hospital at the time of lodging of FIR on 21.12.2008.