SHYAM NATH SAH Vs. SHANKAR KUMAR GUPTA

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondent nos. 2 and 3 on this Miscellaneous Appeal. No one turned up on behalf of respondent no. 1 despite service of notice.

(2.) This miscellaneous appeal has been preferred against the judgment dated 31.08.2010 and award dated 13.09.2010 passed by learned 7th Additional District Judge-cum-Motor Vehicle Accident Claim Tribunal, Muzaffarpur in Claim Case no. 05 of 2009 whereby the learned Tribunal allowing the claim petition filed by the claimants, directed the O.P. no. 2 Reliance General Insurance Company Limited to pay compensation to the tune of Rs. 84,500/- along with interest @ 6% per annum from the date of filing of the claim case till its realization to the claimants.

(3.) Factual matrix of the case is that Claim Case no. 05 of 2009 was filed by the claimants-appellants under Section 166 of the M.V. Act for awarding compensation to the tune of Rs. 2,79,500/- on account of death of their father, namely, Ganga Sah in motor vehicle accident with the case in succinct that on 07.10.2008 claimant Pramod Kumar Sah and deceased Ganga Sah were proceeding to their house through Dumra Kachahari road and as soon as the deceased arrived near Bishwanathpur chowk, a truck bearing registration no. B.R.-06G/2963 being driven rashly and negligently by its driver coming from Muzaffarpur side dashed Ganga Sah on the kachchi flank of the road resulting into his death instantly. Regarding the aforesaid accident, Dumara P.S. Case no. 244 of 2008 was instituted. The aforesaid accident took place due to rash and negligent driving of the offending vehicle by its driver at the relevant time of accident. The deceased was aged about 55 years at the time of accident and he was fruit vendor and used to vend the fruit in the premises of civil court, Sitamarhi and earn Rs. 3000/- per month from the said vocation.