NATIONAL INSURANCE CO LTD Vs. ARHULA DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent nos.1 to 3 on this miscellaneous appeal.

(2.) This miscellaneous appeal has been preferred against the judgment dated 10.02012 and award dated 13.09.2012 passed by the learned 1st Additional District Judge-cum-Motor Vehicles Accident Claim Tribunal, Madhubani (hereinafter in short referred to as the 'Tribunal') in Claim Case No.02 of 2004, whereby the learned Tribunal allowing the claim case directed the opposite party no.4-National Insurance Company Limited (hereinafter in short referred to as the 'Insurance Company') to make payment of compensation to the tune of Rs. 2,71,500/- to the claimants within two months from the date of order, failing which the total amount should be recoverable under process of law along with the interest at the rate of 6% per annum from the date of institution of the claim case till its realization.

(3.) The factual matrix of the case is that claimants filed Claim Case No.02 of 2004 under Section 166 of the M.V. Act for awarding compensation on account of death of Sarwan Kumar Sah @ Shakti Singh with the case in succinct that on 207.200 Said Sarwan Kumar Sah @ Shakti Singh was proceeding to Bahraich (U.P.) by motorcycle bearing registration no. UP 40B 5746 along with his brother, namely, Yogendra Sah. When he arrived at village Tirkauliya, P.S. Balrampur, he was taking side from the truck bearing registration no.UP 24 4902 but as the aforesaid truck was driven by its driver very rashly and negligently it hit the motorcycle causing serious injuries to the Sarwan Kumar Sah @ Shakti Singh who succumbed to his injury in the hospital during course of treatment. The deceased was aged about 45 years at the time of death. He used to earn Rs. 5000/- per month by manufacturing dye for the ornaments.