NEW INDIA INSURANCE COMPANY LTD Vs. RANI DEVI

JUDGEMENT

(1.) This appeal is directed against the order dated 25.7.2006 passed by 1st Additional District Judge, Madhubani-cum-Motor Accident Claim Tribunal in Claim Case No. 22 of 2001, by which the appellant has been directed to pay a sum of Rs. 50,000/- as interim compensation to the claimant under Section 140 of the Motor Vehicles Act, with rate of interest 5% from the date of the order.

(2.) The learned counsel for the appellant has contended that the claimant has raised a bogus claim since at the same time she had claimed that her husband had died at Gidhi on 25.10.1997 and has produced a death certificate issued from Madhubani dated 29.10.1997 in this regard.

(3.) The Lower Court recdrd were called for in this case which I have personally perused and ! find initially when the accident took place the driver of the truck, of which the deceased was the Khalasi, reported the accident and referred to the deceased as "Jha Ji" resident of Rahil, Village and District-Madhubani. Thereafter, the investigating officer was directed by his superior officer to ascertain the name of the deceased and on such ascertainment the Investigating Officer confirmed that the deceased was Radhey Shayam, the husband of the claimant.