MADHU MAUSAM Vs. BINAY KUMAR SINGH

JUDGEMENT

(1.) Heard Sri Vivekanand Vivek, learned counsel for the appellants, Sri Sanjay Singh, learned counsel, who was assisted by Sri Bimlesh Kumar Jha, learned counsel appearing on behalf of Respondent no.3/Oriental Insurance Company Ltd. and Sri Dhirendra Nath Jha, learned counsel appearing on behalf of Respondent nos.1 and 2 (owner and driver of the offending vehicle respectively).

(2.) The present appeal under Section 173 of the Motor Vehicle Act,1988 (herein after referred to as the "M.V.Act") has been preferred against the Judgment dated 18.03.2010 and Award dated 17.04.2010 passed in Claim Case No.40 of 2009 by the learned 7th Addl. District Judge-cum- Addl. Motor Vehicle Accident Claim Tribunal, Bhagalpur ( herein after referred to as the "Claim Tribunal"). The claimants/appellants have basically prayed for enhancement of compensation amount. By the Judgment and Award, the learned Claim Tribunal has directed the Respondent no.3/ insurer of the offending vehicle to pay total compensation amount of Rs.3,49,500/-, which includes funeral expenses, loss of consortium and loss of estate. The said compensation was directed to be paid after deducting Rs.50,000/-, which was paid as interim compensation. The compensation amount was directed to be paid along with interest @ 8% from the date of claim.

(3.) Short fact of the case is that on 16.03.2009, while the wife of appellant no.1, namely, Nirmala Devi along with her father-in-law was going to Bhagalpur on a Commandar Jeep, bearing Registration No.BR-10B/1682, due to rash and negligent driving by the driver of the Jeep in question, the Jeep turned turtle and met with an accident. In the said accident, the wife of claimant/appellant no.1 received serious injuries and while she was being carried to the hospital, she succumbed to the injuries. In respect of the said accident, an F.I.R. vide Bhagalpur Kotwali RS. Case No. 861 of 2009 was registered. After the death, postmortem examination was conducted on the dead body of the deceased in J.L.N.M.C.H, Bhagalpur. Thereafter, a claim case was filed before the learned Claim Tribunal, which was registered as Claim Case No. 40 of 2009. Before the learned Claim Tribunal, it was claimed that due to death of the deceased, the claimants had suffered loss and claimed compensation amount of Rs. 9,43,500/-. It was claimed that the deceased was an employee in RANCO PROJECTS, Engineers & Contractors, Navi Mumbai (hereinafter referred to as "Ranco Projects") and she was drawing salary of Rs.6,500/-.To get the case proved, the claimants had filed an application dated 01.02.2010 enclosing therewith (i) certified copy of F.I.R. (ii) photo copy of postmortem report (iii) heirship Certificate in original (iv) Photo copy of Admit Card of the deceased (v) Original certificate of income of the deceased (vi) Photo copy of driving licence (vii) Photo copy of owner book (viii) photo copy of insurance paper (ix) photo copy of road permit and (x) certificate of fitness. In the petition, it was also prayed for getting those documents exhibited for disposal of the case. The claimants also got three witnesses examined in support of the claim case, out of them claimant/ appellant no.1 was examined as Claimant Witness no.1, father-in-law of the deceased, who was co-passenger, was examined as Claimant Witness no.2 and one Awadhesh Kumar was examined as Claimant Witness no.3. Before the learned Claim Tribunal, owner of the offending vehicle i.e. Respondent no.1 and driver/ Respondent no.2 jointly filed a written statement and Respondent no.3/insurer of the offending vehicle also filed written statement objecting to the claim petition.