UNITED INDIA INSURANCE COMPANY Vs. MUKESH KUMAR

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the trial Court record.

(2.) BOTH the miscellaneous appeals have been filed under Section 173 of the Motor Vehicle Act, 1988 by the United India Insurance Company and Owner of the Motor Cycle bearing Registration its Registration no.BH -12B -3975 (hereinafter referred to as offending vehicle) against the judgment dated 10.05.2007 and award dated 23.08.2013 passed by the Additional District and Sessions Judge -VII -cum -Motor Accident Claim Tribunal, Patna (hereinafter referred to as Tribunal ) in Claim Case No. 145 of 2005. Therefore, both the Miscellaneous Appeals are heard together and are disposed of by this common judgment.

(3.) IN brief, the case is that on 12.08.2005 at about 10.30 pm. Naresh Kumar along with his wife Lalwati Devi, claimant no.1 were standing inside the road of Fatuha -Daniyawan Road. In the meantime, Hero Honda motorcycle, bearing its registration No. BH -12B -3975 came rashly and negligently and dashed Naresh Mahto. The owner -cum -driver run away leaving his motorcycle there and Naresh Mahto was rushed to P.M.C.H., Patna for treatment and thereafter, he was admitted for better treatment at Sri Ram Nursing Home, Kankarbagh, Patna on 13.08.2005 to 19.08.2005 and on 20.08.2005 Naresh Mahto came to his house from the hospital and thereafter, he died in his village. The claimants, who are respondent nos. 2 to 6 in Miscellaneous Appeal no. 338 of 2007 and respondents no.1 to 5 in Miscellaneous No. 841 of 2010 claimed Rs. 2,00,000/ - as compensation together with interest @ 12% per annum from the date of filing of the claim petition.