UNITED INDIA INSURANCE CO. LTD. Vs. SUDHA SINGH

JUDGEMENT

(1.) Date: 28-01-2014 M.A. No.264/2008 and M.A. No.265/2008 have been filed against the judgment and award dated 29.02.2008 and 12.05.2008 respectively passed by the Motor Accident Claim Tribunal-cum-Additional District Judge, 3rd, Patna in Claim Case Nos.1/2004 and 2/2004 by which the appellants have been held liable to pay compensation of Rs.22,80, 468/- for causing the death of Ramanuj Prasad Singh, husband of respondent no.1 and Rs.1,04,500/- for causing the death of Priyanka Singh, minor daughter of respondent no.1.

(2.) The brief facts of the case are that on 16.06.2003 Ramanuj Prasad Singh (deceased) was travelling in Tata Sumo Jeep bearing registration No.UP-78R-2987 alongwith the members of his family i.e. his wife Sudha Singh and his daughters Diksha Soni, Kumari Sweata, Priyanka Singh (deceased) and Astha. They started their journey from Padrauna, District- Kushinagar to Muzaffarpur. The vehicle belonged to Dinesh Dubey (respondent no.5) and the same was given to Ramanuj Prasad Singh as friendly gesture without hire of the same and the same was being driven by Ramanuj Prasad Singh. As soon as, they reached near village Rampur, P.S.-Sidhwalia, District- Gopalganj, a "Thela came in the middle of the road and to save the "Thela and its "Garivan a suddenbrake was applied and the

(3.) The owner and Insurer of the vehicle filed their separate written statement. After hearing both the parties, the impugned judgment has been passed.