DEVANTI DEVI Vs. NAWAL KISHORE PRASAD

JUDGEMENT

(1.) The Claimants- Appellants have preferred this appeal against the judgment and award of compensation dated 18.7.2006 and 22.7.2006 respectively passed by the learned Motor Accident Claims Tribunal-cum-1st Additional District and Sessions Judge, Nalanda at Biharsharif in MACT Case No. 41 of 1996 by which the award for Rs.1,44,000/- has been passed with interest @ 4 % from the date of filing of the case till the payment of the amount.

(2.) The case of the claimants, in brief, is that Rajendra Prasad aged about 30 years working as a Khalasi in Truck No. BR 1D-6535 met with an accident on 15.3.1995 causing his death on the spot. Koderma P. S. Case No. 62 of 1995 was instituted by Chaukidar (A. W. 4) Ramchandra Yadav under Section 279,337, 338 , 304 (A) of the Indian Penal Code. The deceased died leaving behind his widow Devanti Devi, two minor daughters Sunaina Kumari and Kusum Kumari and father Mani Prasad (A.W. 3) and mother Bachchi Devi. All the heirs are claimants. The deceased was earning Rs.2100/- per month and he was a Khalasi on the offending vehicle.

(3.) The written statement has been filed on behalf of owner and driver of the vehicle, respondent nos. 1 and 2 jointly and they have denied the averments made in the claim petition. It has also been stated that if the tribunal finds that the claimants are entitled to get compensation, the insurer will be liable to pay the amount of compensation as the vehicle was insured for the period 24.11.1994 to 23.11.1995 under Policy No. 31/95/1938. It has also been submitted that the driver had valid licence to ply the vehicle and there is no violation of the terms of policy.