MANAGER NATIONAL INSURANCE COMPANY LTD Vs. VEENA SINGH

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed against the judgment and award dtd. 4/12/2012 and 14/1/2013 respectively passed by learned Additional District Judge, Motor Accident Claims Tribunal, Madhepura in Claim Case No. 23 of 2010 whereby Claimant Nos. 1 and 3 were found entitled to get compensation for vehicular accidental death of deceased and Insurance Company appellant was directed to pay compensation amount of Rs.41,68,880.00 with 6 per cent simple interest over the same from the date of filing of the claim i.e. 11/6/2010 till the realization from the Insurance Company and payment to the Claimant Nos. 1 and 3.

(2.) This appeal is preferred by the Insurance Company mainly on two grounds:-

(3.) The case of the claimants, in short, is that Dr. Amarnath Singh (deceased) aged 58 years on the date of the accident i.e. 14/3/2009, while travelling with his daughter-in-law, namely, Runa Singh and grandson by their own car bearing Registration No. BR-10F-164 to Saharsa met with an accident due to rash and negligent driving fo the driver of the Truck bearing Registration No. BR-11D-7438 near Ganesh Asthan (Madhepura) at about 04:30 am in the morning. All the occupants of the car sustained grievous injury and were brought to the Sadar Hospital where Dr. Amarnath Singh was declared dead and the injured Runa Singh and Nishu were referred to Patna for better treatment. FIR was lodged by the brother of the deceased, namely, Dharmanth Singh under Ss. 279, 304A, 337 and 338 of Indian Penal Code as Madhepura P.S. case No. 91 of 2009 dtd. 14/3/2009.