NEW INDIA ASSURANCE COMPANY LTD Vs. INDU SINHA

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondents on this miscellaneous appeal.

(2.) This miscellaneous appeal has been preferred against the judgment dated 11.05.2012 and award dated 25.05.2012 respectively passed by 1stAdditional District and Sessions Judgecum-Motor Accident Claim Tribunal, Bhojpur at Ara in Claim Case No.05/99, whereby the learned Tribunal allowing the claim petition in part directed the opposite party no.2-New India Assurance Company Limited to pay the compensation to the tune of Rs.10,85,276/-, deducting Rs.50,000/- if paid, under Section 140 of the Motor Vehicles Act along with interest at the rate of 6% per annum from the date of filing the claim till its realization to the claimants.

(3.) The factual matrix of the case is that claimants filed Claim Case No.5/1999 under Section 166 of the Motor Vehicles Act for awarding compensation to the tune of Rs.50,00,000/- against appellant/New India Assurance Company Ltd. and one Md. Rafi Alam with the case in succinct that the deceased Vijay Kumar Sinha was Manager in the Bhojpur Rohtas Gramin Bank, Danwar Bihta Branch. On 10.10.1998 at 2 PM the said Vijay Kumar Sinha along with his cashier Neelkanth Pathak proceeded to Ara on his motorcycle bearing registration no. BR 3/9755. As soon as they arrived on the pucca road located in front of Maruti Seva Sadan one Maruti Van, bearing registration no.DNV 7867, being driven rashly and negligently by its driver and without blowing horn, dashed the aforesaid motorcycle. Resultantly the said Vijay Kumar Sinha and cashier Neelkanth Pathak became injured. Vijay Kumar Sinha succumbed to his injuries on the spot. Regarding the aforesaid accident, Ara Nawada P.S. Case No.180/98 was instituted under Section 279, 304 (a), 337, 338 and 414 of the Indian Penal Code. The deceased was aged about 48 years and used to earn Rs.13,200/- per month as salary at the time of accident.