SRI SHYAM SUNDAR PRASAD, SON OF LATE RAGHUNATH PRASAD Vs. UNITED INDIA INSURANCE COMPANY LTD. THROUGH ITS BRANCH MANAGER, A.N. ROAD, KOTWALI, GAYA

JUDGEMENT

(1.) I.A. No.7552 of 2014. Heard learned counsel for the appellants and the United India Insurance Company Limited. This Interlocutory Application has been filed on behalf of the appellants for condoning the delay of about 2 months and four days in filing this Misc. Appeal. For the reasons mentioned in this Interlocutory Application, the delay of about 2 months and four days in filing this Misc. Appeal is condoned and this Interlocutory Application No.7552 of 2014 is, accordingly, disposed of. Now I proceed to consider this Misc. Appeal on its own merit. Heard learned counsel for the appellants and the United India Insurance Company Limited.

(2.) The claimants-appellants have filed this appeal under Sec. 173 of the Motor Vehicles Act against the Judgment dated 04.08.2011 and award dated 21.02.2012 passed by the Additional District Judge-III-cum- Motor Accident Claim Tribunal, Gaya (hereinafter referred to as the Tribunal ) in M.A.C. Case No.44 of 1996/91 of 2009 questioning the quantum of compensation. By the said Judgment and Award, the learned Tribunal directed the Opposite Party No.1/Respondent No.1, United India Insurance Company Limited, the insurer of the truck in question, to pay compensation of Rs.94,830.00 with interest at the rate of 6% per annum from 08.02.1999 to the claimants-appellants within sixty days from the receipt of the award.

(3.) The brief facts leading to this Misc. Appeal is that on 03.06.1999, the deceased, Surendra Kumar alias Chamru Prasad and others were returning after marriage function boarding at a Maruti Van bearing Registration No.BR-2/8790. When the Maruti Van at about 02.00 P.M. reached 3 kilometers west from Bhalua near Chenari Bridge, a truck bearing Registration No. WB-03A/1747 suddenly dashed the Maruti Van which resulted into the death of two persons including the deceased, Surendra Kumar alias Chamru Prasad at the spot and one injured also died later on.