CHINTA DEVI W/O LATE HULASH YADAV & ORS. Vs. THE NEW INDIA ASSURANCE CO. LTD. THROUGH ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, NOOR MANZIL, OPP. CIVIL LINE, GAYA, AT+P.O./DISTT.

JUDGEMENT

(1.) Heard Sri Manoj Kumar Sinha, learned counsel for the appellants and Sri Sanjay Singh, learned counsel, who has appeared on behalf of Respondent No. 1/New India Assurance Co. Ltd. on interlocutory application i.e. I.A. No. 8645 of 2011, which has been filed for condoning delay in filing the Appeal. In filing Appeal about 106 days delay has occurred and also on memo of appeal.

(2.) After hearing the parties and considering the ground set forth in the petition, delay in filing the Appeal stands condoned and interlocutory application is allowed.

(3.) The present Appeal under Sec. 173 of the Motor Vehicle Act, 1988 ( hereinafter referred to as "the M.V. Act"), has been preferred for modification of the judgment dated 24.3.2011 and award dated 5.4.2011 passed by Sri Sudarshan Kumar Rai, learned Additional District Judge 1 st - cum - Motor Vehicle Accident Claims Tribunal, Gaya, ( hereinafter referred to as "the Claims Tribunal") in M.A.C. Case No. 11 of 2010 / 124 of 2008, for enhancement of the compensation amount. By the impugned judgment and award learned Claims Tribunal has directed the Respondent No. 1 / insurer of the offending vehicle to pay total compensation amount of Rs. 1,85,000.00 after deducting Rs. 50,000.00 , which was paid as interim compensation under Sec. 140 of the M.V. Act to the claimants, which includes Rs. 28,000.00 as loss of two bullocks in the accident with amount of Rs. 2,000.00 and Rs. 5,000.00 as funeral expenses and loss of consortium respectively.