UNITED INDIA INSURANCE COMPANY LTD Vs. LALITA DEVI

JUDGEMENT

(1.) HEARD Mr. N. P. Verma for the appellants and Mr. Pramod Kumar Sinha for respondent no. 1. This appeal is directed against the award dated 3.4.2000, passed by the learned 3rd. Additional District Judge -cum -Motor Accident Claim Tribunal, Begusarai, in M. V. Claim Case No. 23 of 1998 (Lalita Devi vs. United India Insurance Company and another), whereby the claim application of the claimant (respondent no. 1 herein) has been allowed, and a sum of Rs. 4,50,000/ - has been awarded to the claimant with interest at the rate of 12 per cent from the date of filing of the claim application till the date of payment.

(2.) THE short facts of the case are that Swagarath Thakur, the husband of the claimant, was carrying on profession of barber. He met with a fatal accident on 24.3.1998 at about 2.30 P.M. by a speeding vehicle, being Tata maxi BRO -BP -1714, at the main road between Khagaria and Begusarai at Pokharia Jogi Bazar, P.S. Ballia, District - Begusarai. The informant, Ram Chandra Das, along with others shifted Swagarath Thakur to the private clinic of Dr. Ramasaray Prasad, Begusarai, but seeing the precarious condition of the deceased, he advised to be taken to the Sadar hospital, Begusarai. At Begusarai Sadar hospital, the deceased breathed his last at about 5.00 P.M. on 24.3.1998. The fardbeyan of the informant was recorded at Sadar hospital, Begusarai, on the basis of which a case was registered at Ballia P.S. against the driver of Tata maxi no. BRO -BP -1714. It was stated in the claim application that the monthly income of the deceased was about Rs. 4000/ - per month on which his widow (the claimant) and her 5 minor sons and daughter depended. Due to his sad demise at the age of about 26 years his dependents have become destitute and are leading a miserable life. Therefore, compensation of Rs. 5,00,000/ - has been claimed with interest.

(3.) WHILE assailing the validity of the impugned award, teamed counsel for the appellants submits that interest has been awarded at a higher rate than justified and may be reduced.