BRANCH MANAGER NATIONAL INSURANCE CO LTD Vs. KHUSHBOO

JUDGEMENT

(1.) THIS Miscellaneous appeal has been preferred against the judgment and award dated 1-3-2000 passed by Sri Baikunth Nath shahi, 3rd Additional District and Sessions judge-cum-Motor Accident Claims Tibunal, begusarai, in Claim Case No. 53/94 whereby he has been pleased to grant compensation to the tune of rupees four lacs to the claimants with interest @ 12% per annum from the date of application and directed the appellant-Insurance Company to indemnify the entire compensation amount.

(2.) BEING aggrieved by the said judgment and award the appellant (National Insurance company) has preferred this appeal.

(3.) FROM the perusal of the lower Court records, it appears that the claim case was filed for grant of compensation on account of death of one Manoj Kumar Rai caused in a motor vehicle accident which occurred on 2-6-1994 at about 2. 30 in the night at N. H. 28 near village Bagraha. It is said that the deceased was travelling in the truck bearing registration No. BRQ 9717 alongwith the dead body but due to rash and negligent driving of the driver of the truck the said truck dashed against a standing truck and due to the said dashing deceased Manoj kumar Rai sustained injury and died. It further transpires from the record that in support of their case the claimants adduced oral as well as documentary evidence and after perusing the said oral and documentary evidence the learned Tribunal awarded compensation.