NEW INDIA ASSURANCE COMPANY LIMITED Vs. JOKHAN SHARMA

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred against the order dated 30th March, 1998 passed in Claim Case No. 29/7 of 1995/97 by 3rd Additional District Judge-cum-Claims Tribunal, Motihari whereby he has been pleased to allow the application of respondent Jokhan Sharma and others filed under Sec.166 of the Motor Vehicle Act and directed the appellant i.e. New India Assurance Company Limited to pay a total compensation of Rs. 2,80,000.00 to applicant no. 3, namely, Rambha Devi, widow of Dinesh Sharma after deducting Rs. 50,000.00 already paid towards ad interim compensation. The Tribunal further directed the appellant to pay remaining Rs. 2,30,000.00 with interest at the rate of 10% per annum from the date of the oraer within a period of three months.

(2.) The brief facts of the case which gave rise to filing of the claim application are as follows:

(3.) On filing of the claim application, notices were issued to the driver and owner of the vehicle but the driver and owner did not appear in the case. However, the insurer i.e. New India Assurance Company Limited appeared in the case and contested the claim. Before this Court also New India Assurance Company is the appellant.