GANESH DAS Vs. VINAY KUMAR CHAUBAY

JUDGEMENT

(1.) The present Miscellaneous Appeal has been preferred by the Appellants under Sec. 173 of Motor Vehicles Act, 1988 against the impugned judgment/award dtd. 10/9/2015 passed by learned Additional District Judge - I - cum - Motor Vehicles Accident Claim Tribunal, Vaishali at Hajipur in Claim Case No. 137 of 2013, whereby learned Tribunal has directed the Insurance Company, who is Respondent No. 3 herein, to pay compensation amount of Rs.4,41,50.000/0 with interest @ 7% from the date of filing the claim petition, i.e. 25/10/2013 to the claimants/appellants herein.

(2.) The background facts of the case are that the appellants herein filed claim case No. 137 of 2013 stating that on 11/9/2013, one Munna Kumar @ Mannu Das met with road accident involving one vehicle i.e. bus bearing registration No. BR-05-P-1458 at 6:00 O'clock at Kharanja Chowk, Lalganj, on account of rash and negligent driving of the bus by the driver resulting into death of the victim Munna Kumar @ Munna Das on spot. The postmortem of dead body of deceased Munna Kumar @ Mannu Das was conducted and Lalganj P.S. Case No. 183. of 2013 was lodged on 12/9/2013 for the offence punishable under Ss. 279 and 304A of the Indian Penal Code.

(3.) Further case of the claimants/appellants is that the deceased was twenty years of age at the time of his death and was an educated man earning Rs.10,000.00 per month by business of ice-cream and cultivation. The parents/claimants/appellants were dependent upon his income. The offending bus was insured by Respondent No.3, United Indian Insurance Company Limited vide policy no. 210282/31/12/02/00000527 dtd. 28/9/2012 which was valid at the time of accident.