NEW INDIA ASSURANCE COMPANY LTD. Vs. RUPALI DEVI

JUDGEMENT

(1.) The present Miscellaneous Appeal under Sec. 173 of the Motor Vehicles Act has been preferred against the judgment/award dtd. 25/4/2017 passed by learned District Judge-cum-Chairman, M.A.C.T, Purnea in Claim Case No. 4 of 2016, whereby learned Tribunal has directed the Appellant, Insurance Company to pay compensation of Rs.26,45,836.00 to the Claimants who are Respondent nos. 1 to 5 herein along with the interest @ 8 per cent per annum.

(2.) The factual background of the case is that the claim case bearing No. 4 of 2016/C.I.S. No. 4 of 2016 was filed against the two persons, Anil Kumar (O.P. No.1)/owner of the vehicle and New India Assurance Company Limited/O.P. No.2/insurer of the offending vehicle, by the Claimants (Respondent nos. 1 to 5 herein) for compensation, arising out of death of one Dharmendra Kumar, son of Rash Mohan Mishra, who is the Respondent No.5 herein.

(3.) As per the averment made in the claim petition, the son of the informant, Dharmendra Kumar met with an accident involving an Indica car bearing registration no. BR- 11R/3303 near cold storage situated in Sadar Muffasil police station in Purnea district, Bihar. On account of the injury sustained during the accident, Dharmendra Kumar died in course of treatment. Subsequently, Sadar (Muffasil) P.S. Case No. 3 of 2016 was registered on 5/1/2016 for the offences punishable under Ss. 279, 337, 338 and 334 of the Indian Penal Code against the driver of the offending car. It was further stated that the offending vehicle was insured by the Appellant herein, New India Assurance Company Limited. As per the further claim of the Claimants, the deceased was aged about 33 years, having monthly income of Rs.17,500.00 as being employee of Alkem Laboratories Limited, Wivision Alpha. Total Rs.37,80,000.00 was claimed by the Claimants towards their compensation.