RAM SAJJAN DEVI Vs. RANDHIR KUMAR

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the respondent No.2. None turn up for respondent No.1 despite of service of notice.

(2.) This Misc. Appeal has been preferred against the judgment dated 18.09.2010 and Award dated 30.09.2010 passed by VIIth Addl. District Judge-cum-Motor Vehicle Accident Claim Tribunal, Muzaffarpur in Claim Case No.26 of 2008 whereby the learned Tribunal directed the opposite party No.2, Oriental Insurance Company Ltd, to pay compensation to the tune of Rs.1,69,500/-along with interest @ 6 per cent per annum from the date of filing of claim case till its realization to the claimant.

(3.) The factual matrix of the case is that the claimant filed Claim Case No.26 of 2008 under Section 166 Motor Vehicle Act for awarding compensation on account of death of her son, namely, Santosh Kumar Singh in the moter vehicle accident with the case in succinct that on 1.1.2008, the deceased was proceeding to Runnisaidpur market on motor cycle as pillion rider and as soon as motor cycle arrived near Katra more, a truck bearing Registration No.BR.06G/2853 being driven rashly and negligently by its driver dashed the said motorcycle and due to the said dash, Santosh Kumar and another person became badly injured. Santosh Kumar Singh was rushed to PHC where seeing his condition precarious the doctor referred him to S.K.M.C.H. Muzaffarpur for specialized treatment and the doctor of S.K.M.C.H. forwarded him to PMCH, Patna where during the course of treatment, Santosh Kumar Singh succumbed to his injuries on 2.1.2008. Regarding said incident, Runnisaidpur P.S. Case No.02 of 2008 was instituted. The deceased was aged about 16 years at the time of accident and used to do private work and earn Rs.2000/- per month from said vocation.