RAM BALAK MANJHI Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred against the judgment dated 13/5/2009 and award dated 25/5/2009 passed by Sri Kameshwar Nath Rai, learned Ist Additional District Judge-cum-Motor Vehicle Accident Claim Tribunal, Gaya (hereinafter referred to as the 'Claim Tribunal') in M.A.C. Case No. 231 of 2008/103 of 2007 for enhancement of compensation amount.

(2.) Short fact of the case is that in a motor vehicle accident on 16/2/2007 while one Peyaria Devi alongwith her daughter Malti Kumari were going by the side of the road a tractor bearing registration no. BR-2F/4206 being rashly and negligently driven by the driver dashed both of them resulting in their death on the spot. Accident had taken place on 16/2/2007 at about 7.30 P.M. Thereafter, an FIR vide Barachatti (Mohanpur) P.S. Case No. 13 of 2007 under Sections 279, 338 & 304A of the Indian Penal Code was lodged against driver of the offending tractor. After the death autopsy was conducted on the dead body of both the deceased, and thereafter, two claim cases vide M.A.C. Case No. 231 of 2008/103 of 2007 i.e. the present one and another vide M.A.C. Case No. 232 of 2008/102 of 2007 were filed in the 'Claim Tribunal'.

(3.) The present case relates to death of Malti Kumari. The appellant being father of Malti Kumari had filed the claim case. Another claim petition was also filed by the present appellant along with his minor daughter which was numbered as M.A.C. No. 102 of 2007. By the common judgment both claim cases were disposed of on 13th May, 2009. In the present case since the deceased Malti Kumari was aged about ten years at the time of accident having no income, the 'Claim Tribunal' awarded lump sum compensation of Rs. 75,000/- to the claimant/appellant. Since during the trial on the basis of interim compensation under Section 140 of the Motor Vehicle Act Rs. 50,000/- was already paid to the claimant, the 'Claim Tribunal' directed for deducting Rs. 50,000/- from the compensation amount and ordered for payment of remaining Rs. 25,000/- to the claimant along with interest at the rate of 8.5% per annum from the date of filing of the claim case till the payment of compensation amount. The Respondent No. 1 i.e. M/s Oriental Insurance Co. Ltd. was directed to pay the compensation amount.