NATIONAL INSURANCE COMPANY LTD. Vs. CHANDRAMANI DEVI

JUDGEMENT

(1.) The present Miscellaneous Appeal has been preferred against the impugned judgment/award dtd. 12/8/2016, passed by learned Additional District Judge-Ist-cum-Chairman, Motor Accident Claim Tribunal, Gaya in MAC Case No. 115 of 2011 (D.J.)/ 21 of 2012, whereby learned Tribunal has directed the appellant/Insurance Company herein to pay compensation of Rs.3,75,000.00, excluding Rs.50,000.00, which was already paid to the claimants towards interim compensation, with interest @ 9% per annum from the date of institution of the claim petition till the payment.

(2.) The factual background of the case is that one Sujit Kumar, aged about 12 years, died in a road accident on G.T. Road, N.H.-2, near Kusha More at about 6:00 AM on 9/4/2011 under Madanpur Police Station, Aurangabad District, involving the motor vehicle (Tata Magic) bearing Registration No. BR-02M-5290.

(3.) Subsequent to the accident, Madanpur P.S. Case No. 57 of 2011 was registered against the driver of the offending vehicle for offence punishable under Ss. 279, 337, 338 and 304A of the Indian Penal Code. After investigation, charge-sheet was submitted against the FIR named accused viz., Matin Miyan @ Matiullah, son of late Riyatan @ Riyasat Hussain.