NATIONAL INSURANCE CO LTD Vs. SUNAINA DEVI

JUDGEMENT

(1.) This appeal at the instance of insurance company is directed against the judgment dated 22.12.1999 passed in Claim Case No. 17 of 1997 by the 6th Additional District Judge-cum-Motor Accidents Claims Tribunal, Patna awarding compensation of Rs. 1,34,000 with interest at the rate of 6 per cent per annum from the date of filing of the claim case to be paid within one month and further directing that if the amount is not paid within the said time, the rate of interest will be increased from 6 per cent to 12 per cent from the date of filing of the claim till the date of realisation, besides providing for the manner of payment of the compensation amount to the claimants.

(2.) In short, the relevant facts are that on 21.11.1996 the deceased Sahdeo Pal was coming from his kirana shop on a cycle and was standing near the tea-stall of Murti Singh and in the meanwhile, truck No. BEN 6111, which was driven rashly and negligently, dashed him resulting his death at the spot. His brother Surya Narain Pal, who was sitting in the tea-stall saw the occurrence and gave information to the police and accordingly Pandarak P.S. Case No. 76 of 1996 under sections 279 and 304-A, Indian Penal Code was registered. The claimants are his widow and minor children.

(3.) The Tribunal on detailed consideration of the evidence awarded the aforementioned compensation, against which the present appeal has been filed.