LAXMI PARIYAR Vs. SHREE RAMA ROAD WAYS

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondents on this miscellaneous appeal.

(2.) This miscellaneous appeal has been preferred against the judgment dated 30.11.2011 and award dated 16.12.2011 passed by Fast Track Court-V cum Additional Motor Accident Claim Tribunal, Muzaffarpur in Claim Case No. 28 of 2008 whereby the learned Tribunal allowing the claim petition directed the respondent nos.3 & 4 to pay final compensation to the tune of Rs. 1,29,500/- along with the interest at the rate of 6% per annum from the date of filing claim case till its realization to the claimants in equal proportion.

(3.) Factual matrix of the case is that claimants filed Claim Case No. 28 of 2008 under Section 166 of the M.V. Act for awarding compensation on account of death of Rajesh Nepali @ Rajesh Pariyar @ Ganesh Bhai in Motor Vehicle Accident with the case in succinct that said Rajesh Nepali @ Rajesh Pariyar @ Ganesh Bhai was the driver of the tanker bearing registration no. HR-38L-3014. On 22.12.2007 at around 1:00 A.M. while he was on the way to Balagu (Nepal) from Barauni (India) through N.H.-28, he met an accident near Village Nariyar, P.S.- Motipur, District - Muzaffarpur by truck bearing registration no. BR-06G-2676 coming from Motihari Side in rash and negligent manner resultantly both the vehicles collided with each other and the said driver died on the spot in the said accident. The aforesaid accident took place due to rash and negligent driving of the offending truck by its driver at the relevant time of accident. The deceased used to earn Rs. 3000/- per month as salary and Rs.100/- per day as khuraki from the said vocation. He was aged about 32 years at the time of accident.