(1.) Re.: I.A. No. 8671 of 2013
(2.) This miscellaneous appeal has been preferred by the claimants against the judgment dated 25.08.2012 and award dated 25.09.2012 passed by the Ad hoc Additional District Judge cum Motor Vehicle Accident Claim Tribunal, Muzaffarpur in Claim Case No. 278 of 2005 whereby the learned Tribunal allowing the claim petition directed the opposite party no.3-United India Insurance Company Limited to pay the compensation to the tune of Rs. 1,72,000/- along with the interest at the rate of 6% per annum from the date of institution of the case.
(3.) Factual matrix of the case is that claimants who happen to be parents of the deceased filed Claim Case No. 278 of 2005 under Section 166 of the M.V. Act for awarding compensation to the tune of Rs. 2,72,000/- on account of death of the deceased Rakesh Kumar in the motor vehicle accident with the case in succinct that on 109.2005, aforesaid Rakesh Kumar was proceeding to his house on bicycle. When he arrived near Laskaripur and halted on the flank of the road in the wait of his companion Umesh Sah, in the meantime a truck bearing registration no. BR 15 4731 being driven rashly and negligently by its driver coming from Motihari side dashed the deceased and resultantly the deceased sustained grievous injury and he succumbed to his injury on the spot. Aforesaid accident took place due to rash and negligent driving of the offending vehicle by its driver at the relevant time of accident. Regarding the aforesaid accident, Kanti P.S. Case No. 221 of 2005 was registered. The deceased was aged about 22 years at the time of accident and was bachelor. He was a mason by profession and used to earn Rs. 4500/- per month from the aforesaid vocation.