UNITED INDIA INSURANCE COMPANY LIMITED Vs. SARWAN RABIDAS

JUDGEMENT

(1.) Appellants/Opposite Parties have challenged judgment dated 03.03.2012 and award dated 20.04.2012 passed by Additional District and Sessions Judge-IV-cum-Motor Accident Claim Tribunal, Naugachia, Bhagalpur in Claim Case No. 225/2010 allowing the claim petition by way of ascertaining the compensation amount to a tune of Rs. 5,03,700/- directing the appellant/O.P. to pay after deducting Rs. 50,000/- so paid in terms of Section 140 of the M.V. Act, remaining Rs. 4,53,700/- with an interest @ of 6% per annum pendente lite as well as till its realization which should be paid within 60 days failing which the amount should be realized through the process of the court, by way of filing instant appeal.

(2.) Interlocutory Application No. 6757/2014 has also been filed to condone the delay in filing the appeal covering that of eleven days and in the facts and circumstances of the case, is hereby condoned.

(3.) Respondent No. 1, initially and subsequently by amendment, respondents No. 2, 3 and 4 stood as claimant against deceased Fulo Devi wife of Kishandeo Rabidas, one of the applicants, who met with death in a motor vehicle accident having committed on 09.02.2010 at about 3:00 P.M. by a vehicle bearing Registration No. BR 11F-0375 (Tractor) on account of rash and negligent driving by the driver of the said tractor and for that, Korha PS Case No. 30/2010 was instituted under Section 279, 304A of the IPC. It has also been disclosed that at the time of accident, the offending vehicle was insured under United India Insurance Company Limited, Purnea. It has further been disclosed that at the time of accident, the vehicle was being driven by Rajkumar Poddar. Furthermore, it has been disclosed that at the time of death, deceased Fulo Devi was aged about 39 years and was a vegetable vendor as well as agriculturist earning Rs. 5,000/- per month and so had claimed compensation to the tune of Rs. 6,49,500/-.