PATNA HIGH COURT KAILASH BIHARI THAKUR Vs. BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION HONBLE JUDGES:S.C.JHA, J.

JUDGEMENT

(1.) APPELLANT M/s National Insurance Company Limited has filed this appeal for modification of the Judgment dated 6.8.2003 and Award dated 19.8.2003 passed by Sri B. Ram, Additional District Judge -II -M.V. Claim Tribunal, Khagaria, in MACT Case No.18/1999 (Rajiv Kumar V/s. Smt. Rani Devi and Others), directing the appellant to pay compensation to the claimant to the tune of Rs.1,74,500/ - with 9% interest thereon from the date of filing of the claim petition after deducting Rs. 50,000/ - already paid under Section 140 of Motor Vehicles Act.

(2.) APPEARANCE of Respondent No. 3 being the Driver of the erring vehicle has been dispensed with. The aforesaid claim case was filed before the above noted Motor Vehicles Claim Tribunal by the claimants - respondents in respect of death of Sanjiv Kumar due to motor accident having taken place on 23.6.1999 at 5.45 P. M. on National Highway near Chaida Babnni Gogri (Mehesi) when the deceased was going to Parbatta with decoration material of Jaiswal Light Centre on Tractor bearing Registration No. BR -34 -2354 with Trailer bearing Registration No. BR -34 -2356 belonging to Respondent No. 2 Smt. Rani Devi which were insured with Khagaria branch of the appellant -Company being driven by Respondent No. 3 Ghanshyam Chowdhary.

(3.) THE facts giving rise to the appeal as per claim petition is that Claimant -brother and an employee of Jaiswal Light Centre getting a monthly salary of Rs. 3,000/ - was going to Parbatta on the aforesaid vehicle with decoration materials which met fatal accident on 23.6.1996 at the above -noted time and accordingly, FIR Ext. 1 was lodged by his brother Sanjay Kumar to this effect that he alongwith the deceased Sanjiv Kumar had left for Parbatta with decoration materials with the aforesaid tractor and trailer. The informant was sitting by the side of the driver - Respondent No. 3 whereas his brother (deceased) was sitting on the trailer (Dala). The driver was driving rashly and negligently and as such the tractor turned down while taking a turn resulting in the death of his brother under the loaded trailer at the place of occurrence.