SHAKUNTALA DEVI Vs. DASHRATH PRASAD SINGH

JUDGEMENT

(1.) M.A.No.241/2004 has been filed by the claimants-

(2.) In the meantime at about 8.00 A.M., a truck bearing registration no.BR-1G-5725 being driven rashly and negligently came there in a high speed and dashed the deceased Raja Thakur, aged about 50 years causing his death on the spot. The deceased was doing milk business and had also cultivation business and he used to earn Rs.2500/-per month. He died living behind his widow and two sons. The claim application to this effect was filed under Section 166 of the Motor Vehicles Act for grant of compensation. Dashrath Pd. Singh, owner of the vehicle neither appeared in the case nor filed any written statement.

(3.) The insurer of the vehicle, in question, appeared and filed written statement admitting that the vehicle, in question, was insured by the New India Assurance Company Limited. After leading evidence on behalf of both the parties, the impugned judgment has been passed holding that the claimants are entitled to get Rs.1,17,000/- as compensation from the insurer of the vehicle, out of which, Rs.50,000/- has already been paid to the claimants as interim compensation by the insurer. Now, the claimants are entitled to get Rs.67,000/- with interest @ 9% per annum since the filing of the claim application till its realization from the insurer. The learned counsel for the appellants-claimants has submitted that the deceased Raja Thakur was an agriculturist and doing milk business also, which has been proved by A.W.1, A.W.2 and A.W.5 who are the widow and two sons of the deceased.