(1.) This appeal by the insurer Oriental Insurance Company Ltd. is directed against the judgment dated 15.3.2005 passed by the 2nd Addl. District Judge cum M.A.C.T., Naugachia, Bhagalpur in Claim Case No. 32/2000 by which the Tribunal has ordered the appellant to pay Rs. 4,36,167/- as compensation to the claimants respondents no. 1 to 4 (wife and minor children of the deceased) on account of the death of late Shankar Lal Agrawal in the motor vehicle accident involving Truck No. BR-1B/5445.
(2.) It appears that on 19.3.1997 at about 2 P.M. there was an accident in Ganga bridge near Gaighat, P.S. Alamganj, Patna by one unknown vehicle as a result of which a man was seriously injured. Hawildar 321 Rajdeo on hulla went to the spot and took the injured to the hospital where he was declared dead. On his written statement F.I.R. was drawn and Alamganj P.S. Case No. 57/97 was registered. During investigation it was found that the deceased was Shankar Lal Agrawal. The police ultimately submitted final report as case true as against the driver of an unknown vehicle.
(3.) The case of the claimant (respondent no.1) is that she was not aware of the vehicle involved in the accident. She published a notice (Ext. 5) in daily newspaper Aryabarta dated 29.2.2000 that if anybody had any knowledge about the vehicle, he should inform her. In response to that notice she received an Enland letter (Ext. 1) from Sanjay Kumar Khandelia (P.W. 1) that the accident was caused by Truck No. BR-1B/5445. Then the claimants filed an application under Section 166 of the M.V. Act on 23.3.2000. In the application it was claimed that the deceased was earning Rs. 3500/- per month and was aged 35 years.