SHILA DEVI Vs. RAJA RAM DOKANIA

JUDGEMENT

(1.) The present Miscellaneous Appeal has been preferred against the impugned judgment/award dtd. 5/8/2019 passed by learned District Judge-cum-Motor Accident Claim Tribunal, Bhagalpur in Claim Case No. 98 of 2017, whereby learned M.A.C.T., Bhagalpur has directed the insurance company, who is the Respondent No.3 herein, to pay an amount of Rs.6,33,000.00 to the claimants, who are Appellants herein, as compensation on account of death of one Ashu Raj Kumar @ Ashu Raj @ Shrawan Kumar in a motor accident along with interest @ 8 per cent per annum from the date of filing of the petition. The payment of Rs.50,000.00 already made towards interim compensation has been directed to be adjusted against the total compensation amount and the compensation was directed to be paid within sixty days from the date of the order.

(2.) As per the statement of learned counsel for the Appellants, the total compensation amount as directed by learned Tribunal has been already received by the Appellants from the insurance company. However, being dissatisfied by the quantum of the compensation, the Appellants have preferred this appeal under Sec. 173 of the Motor Vehicle Act for getting enhanced compensation.

(3.) In the course of pendency of this appeal, the Appellant No.2, Pappu Thakur has died. Hence, he has been substituted by his legal heir, Champa Devi, who is his married daughter. The other legal heir Shila Devi (wife of Pappu Thakur) was already Appellant No.1 herein.