RINA DEVI Vs. RELIANCE GENERAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) With the consent of the parties, the matter has been heard and is being disposed of at the stage of admission itself.

(2.) Appellants, who are claimants of deceased, Anuj Kumar, who died in a motor vehicle accident, have assailed the judgment dated 19.06.2012 and award dated 13.07.2012 passed by Motor Vehicle Accident Claims Tribunal-Cum-Adhoc Additional District Judge-II, Gaya in Claim Case No.79 of 2010/205 of 2010 on account of being dissatisfied with the quantum of claim amount Rs.10,49,500.00 with 6% interest per annum from the date of presentation of application till final realization.

(3.) As pleaded, it is evident from the claim petition that deceased, Sunil Kumar was crushed by an offending vehicle, a truck on 16.05.2010 while he was returning to his house over motorcycle. Injured was taken to A.N.M. Medical College, Gaya and from there to Magadh Hospital, Patna where he died during course of treatment. On the basis thereof, Gaya Sadar Civil Line P. S. Case No.163 of 2010 was registered against unknown. However, during course of investigation, the offending vehicle was duly located bearing registration no.JH-10P-4962 and the driver thereof, was chargesheeted. It has further been disclosed that at the time of death, deceased was aged about 34 years. He was railway contractor and was engaged in collection of parking charges of three wheeler stand at Gaya Station. He was also looking after his fishery and dairy form and was an assessee of Income Tax. Accordingly, Rs. 4513047/- along with an interest at the rate of 9% was claimed for.