STATE OF BIHAR Vs. SITA DEVI

JUDGEMENT

(1.) C.R. No. 1187 of 2008 is directed against the order dated 12.11.2007 passed by the Tribunal on the application filed by the petitioner seeking recall of the order dated 25.5.2007.

(2.) Misc. Appeal No. 387 of 2008 is directed against the judgment and award dated 25.5.2007 passed by learned Addl. District and Sessions Judge (F.T.C.-IV)-cum-Presiding Officer, Accidents Claims Tribunal, Darbhanga in a matter arising from Claim Case No. 66 of 2004 whereby learned Tribunal has been pleased to award compensation to the claimant-opposite party No. 1 in exercise of power vested under section 140 of the Motor Vehicles Act (hereinafter referred to as 'the Act') of Rs. 50,000 together with interest at the rate of 9 per cent.

(3.) Brief facts of the case are that the applicant before the Tribunal is a resident of Darbhanga and filed the claim case alleging that while her husband was sitting at his doorsteps, a truck bearing registration No. BR 1-B 4661 came at a high speed and crushed her husband at 10 p.m. on 12.7.2004 and as a consequence her husband died. The F.I.R. was instituted giving rise to Bahadurpur P.S. Case No. 132 of 2004. The applicant-opposite party No. 1, Sita Devi, also filed the claim case in question which was heard by the Tribunal at Darbhanga and allowed by the order impugned in the miscellaneous appeal.