SHANKAR RAI, S/O LATE RAM CHELA RAI RESIDENT OF VILLAGE MIRZAPUR, P.O. MIRZAPUR KHURD, P.S. JANTA BAZAR, DISTRICT SARAN Vs. UNITED INDIA INSURANCE COMPANY LTD., PLAZA COMPLEX, MUNICIPAL CHOWK, AT & P.O. CHAPRA, P.S. CHAPRA TOWN, DISTRICT SARAN

JUDGEMENT

(1.) Appellants/claimants, who are husband as well as children respectively of Late Indu Devi who died in a motor vehicle accident, have preferred the instant appeal against the judgment dated 15.09.2012 and award dated 27.09.2012 passed by District Judge-cum-Motor Vehicle Accident Claims Tribunal, Saran at Chapra in Claim Case No. 33/2011 allowing the claim petition and identifying Rs. 1,54,500.00 as claim amount carrying interest @ 6% from the date of institution till final payment which the Respondent No. 1/O.P., United India Insurance Company Limited has been directed to pay deducting amount of Rs. 50,000.00 so paid in lieu of Sec. 140 of Motor Vehicle Act, 1988.

(2.) Appellants/claimants filed claim petition disclosing the fact that on 22.02.2011 at about 3:30 p.m. while the deceased, Indu Devi was crossing the road in Mohalla-Bhagwan Bazar, Main Road, Near Clinic of Dr. Kalpana Sharma, a truck bearing registration No. UP52B-5275 being driven in rash and negligent manner crushed the deceased, Indu Singh and on account thereof, she died on the spot, for which Bhagwan Bazar PS Case No. 19/2011 had been registered.

(3.) It has further been disclosed that the deceased was aged about 40 years and was engaged in domestic affairs. Furthermore, the deceased was engaged in dairy project and on account thereof, was earning Rs. 10,000.00 per month. On account thereof, the claimant asked for a compensation of Rs. 10 Lacs with a further interest @ 12%. Owner as well as Insurance Company were pleaded as the Opposite Parties.