DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY MUZAFFERPUR THROUGH SRI V.K. JHA DEPUTY MANAGER AND DULY CONSTITUTED ATTORNEY THE ORIENTAL INSURANCE COMPANY LTD. REGIONAL OFFICE PIR MOHANI KADAM KUAN PATNA Vs. ANJU SINHA , WIFE OF LATE NITESHWAR THAKUR

JUDGEMENT

(1.) Heard Sri Ashok Priyadarshi, learned counsel, who has appeared on behalf of the appellant / Divisional Manager, Oriental Insurance Company, Muzaffarpur.

(2.) The present appeal under Sec. 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as „the Act?) , has been preferred against the judgment dated 22/8/2012 and award dated 2/9/2012 passed by learned Ad-hoc Additional District Judge 5th - cum- Motor Vehicle Claims Tribunal, Muzaffarpur, in M.V. Claim Case No.123 of 2008. By the said judgment and award the learned Tribunal, while allowing the claim case, has directed the appellant / insurer of the Bus bearing Registration No. BR06B/6606 (hereinafter referred to as the offending vehicle ) to pay total compensation amount of Rs. 34,39,491.00.

(3.) Short fact of the case is that on 23/2/2008 in the night husband of respondent no. 1, namely, Niteshwar Thakur was dashed by the offending vehicle. The accident had occurred due to rash and negligent driving by the driver of the offending vehicle. The injured was carried to Magadh Hospital, Patna, who died on 26/2/2008. In view of death in a vehicular accident claim petition was filed under Sec. 166 and 140 of the Act for interim compensation, which was numbered as Claim Case No. 123 of 2008. The claimants had claimed total compensation amount of Rs. 51,65,880.00. However, the learned Tribunal on the basis of income of deceased, who at the time of accident was Branch Manager in Uttar Bihar Kshetriya Gramin Bank has calculated the compensation amount. Before the Tribunal sufficient documentary evidences were brought on record to show that deceased was receiving total Rs. 32,729=70.00 per month as salary. The deceased, at the time of death, was aged about 49 years. In view of salary certificate of deceased compensation amount was calculated and claim has been allowed with a direction to pay compensation amount i.e. Rs. 34,39,491.00.