BEBI KHATOON Vs. SITA DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the Insurance Company (respondent no.3).

(2.) This miscellaneous appeal has been preferred being aggrieved by and dissatisfied with the adjudication as regards issue nos. 4 and 5 by the learned Tribunal vide impugned judgment and award dtd. 6/2/2016 and 13/5/2016 respectively in Claim Case No. 43 of 2013. The appellants who are parents of the deceased are seeking modification of the judgment and the award impugned in the appeal by way of enhancement of the compensation amount.

(3.) It is the case of the claimants that on 12/11/2012 the deceased Md. Bado was waiting for the bus at Rangra Chowk. A Bolero vehicle bearing registration no. BR-09G-4570 came in the meantime and crushed the deceased and another person who were standing there. Md. Bado was seriously injured, he was admitted in Patna Hospital and only after five days in course of treatment he died on 17/11/2012. The accident took place allegedly due to rash and negligent driving of the Bolero vehicle by the driver. A criminal case giving rise to Gopalpur (Rangra) P.S. Case No. 364 of 2012 dtd. 12/11/2012 under Sec. 279, 337, 338, 304A, 427 of the Indian Penal Code was registered against the driver of the offending vehicle.