UNITED INDIA INSURANCE CO LTD Vs. SHANTI PRASAD

JUDGEMENT

(1.) THIS Miscellaneous Appeal is directed against Prasad, J. the judgment and award dated 29th April, 2002, passed by Mahendra Narain Singh, Illrd Addl. District Judge, Bhagalpur, in Claim Case No. 49 of 2001, by which allowed the claim worth Rs. 11,79,704.00 (Rupees Eleven lakhs seventy nine thousand seven hundred four) only with interest @ 8% till March, 2001 and 7% thereafter after realising of the amount, Advocate Fee Rs. 250/- and Advocate Clerk Fee Rs. 50/-.

(2.) THE case of the claimant is that deceased Gagan Bihari Prasad while travelling on the Bus bearing BRC 2996 on 2nd October, 2000, met with an accident when the bus collided with a tree due to rash and negligent driving of the driver and succumbed to the injury. The claim petition filed in which the bus driver appeared and filed a rejoinder contested the claim and asserted that vehicle was insured and even produced the driving licence of the driver and road permit.

(3.) BEING aggrieved with the judgment and award of the Tribunal the Insurance Company has preferred this appeal challenging the finding recorded by the Tribunal on quantum, contributory negligence and dependency of the claimant on deceased.