SANJU DEVI Vs. RAJINDER

JUDGEMENT

(1.) Appellants have filed the aforesaid interlocutory application for condonation of delay of 40 days in preferring this appeal.

(2.) This miscellaneous appeal has been preferred by the claimants-appellants against the judgment dated 13.04.2010 and subsequent order dated 22.12.2010 passed under Sections 151 and 152 C.P.C. and award dated 03.01.2011 passed by the Additional District Judge-II cum Motor Vehicle Accident Claim Tribunal, Vaishali at Hajipur in Claim Case No. 35 of 2004 whereby the learned Tribunal allowing the claim petition directed the opposite party no.3-United India Insurance Company Limited and opposite party no.5-The New India Assurance Company Limited to pay the compensation to the tune of Rs. 4,94,100/- to the extent of 50% each along with the interest at the rate of 6% per annum.

(3.) Factual matrix of the case is that claimants filed Claim Case No. 35 of 2004 under Section 166 of the M.V. Act for awarding compensation on account of death of Jitendra Singh in the motor vehicle accident with the case in succinct that said Jitendra Singh was a driver of the truck bearing registration no. WB 15 4082. On 09.04.2004, after loading liquor from Rampur (U.P.) in the truck, he was proceeding to Bagdogra, West Bengal. But on the way on 12.02.2004, a truck bearing registration no. HR 46A 9402 collided with the aforesaid truck on NH-31 near village Raghunathpur, P.S.- Saheb Kamal, District Begusarai resultantly said Jitendra Singh sustained grievous injuries and he succumbed to his injures at the place of accident. Regarding the aforesaid accident, Saheb Kamal P.S. Case No. 22 of 2004 was instituted under Sections 304A, 427 and 379 of the Indian Penal Code. Said Jitendra Singh was a professional driver of the aforesaid truck and was getting salary of Rs. 3000/- per month and Rs. 40/- per day as food allowance. He was aged about 35 years at the time of accident.