RAJ KUMARI DEVI Vs. RANDEEP BANERJEE

JUDGEMENT

(1.) BOTH Miscellaneous Appeals have been preferred, under Section 173 of the Motor Vehicle Act, against the judgment/award dated 22.01.2010/06.01.2011 passed in Claim Case No. 223 of 2008, whereby the court of 7th Additional District Judgecum -Motor Vehicle Accident Claim Tribunal, Muzaffarpur, (hereinafter referred to as the "Tribunal") has directed the opposite party no.2, Divisional Manager, National Insurance Company Limited, to pay the compensation Rs.5,75,500/ - with 6% interest from the date of filing of the claim petition till realization to the claimants. Therefore, both Miscellaneous Appeals have been heard together and are being disposed of by common judgment.

(2.) THE brief facts of the case is that the claimants who are appellants in Miscellaneous Case No. 579 of 2011 and respondent nos. 1 to 4 in Miscellaneous Case No. 557 of 2011 filed claim petition, under Section 166 of the Motor Vehicle Act, with contention that on 02.02.2008 Suresh Kumar Yadav, was going to Barkakona station with his friend, Sachidanand Singh, from Loco Colony. When Suresh Kumar Yadav, reached Jora Talab at about 8.00 pm, the motorcycle bearing registration no. JHO -2H -7782, which was being driven rashly and negligently, dashed at the kachchi flank of the road to the Suresh Kumar Yadav, who sustained grievous injury and was rushed at Ramgarh hospital where he died in course of treatment. In this regard Patratu P.S. Case No. 28 of 2008 was registered. Further case of the claimants is that deceased, Suresh Kumar Yadav, who was the husband of claimant no. 1 and father of claimant nos. 2 to 4, was contractor of ARGADA railway halt under Barkakona railway junction and he used to earn Rs.56,000/ - per annum. He was maintaining himself along with family members from his earning at the time of accident. The age of the deceased at the time of accident was 40 years. Due to sudden vehicular death the claimants became helpless and are suffering from mental pain, shock and there has been loss to the dependency, estate, love and affection to the claimants. As such, the claimants are entitled to get compensation amount of Rs.5,75,500/ - in different heads. Further case of the claimants is that at the time of accident motorcycle bearing registration no. JHO -2H -7782 was owned by opposite party no.1 and insured with opposite party no.2, National Insurance Company.

(3.) OPPOSITE Party No. 1, Randeep Banerjee, owner of the vehicle filed his written statement but has not denied the factum of the accident as detailed in the claim petition with contention that the motorcycle in question was insured with National Insurance Company Limited at the time of accident. As such, he is not liable to pay the compensation of the claimants.