NATIONAL INSURANCE COMPANY LTD Vs. LALESHWAR PRASAD SHARMA

JUDGEMENT

(1.) Heard learned counsel for the appellant on this miscellaneous appeal. None turned up on behalf of respondents nos. 3 to 5 despite service of notice.

(2.) This miscellaneous appeal has been preferred against the judgment dated 18.01.2012 and award dated 01.08.2012 passed by Fast Track Court-V cum Motor Vehicle Accident Claim Tribunal, Patna in Claim Case No. 116 of 2009 whereby the learned Tribunal allowing the claim petition directed the opposite party no.3-National Insurance Company Limited to pay final amount of compensation to the tune of Rs. 23,80,460/- along with the interest at the rate of 6% per annum from 01.07.2010 till payment to the claimants.

(3.) Factual matrix of the case is that claimants filed Claim Case No. 116 of 2009 under Section 166 of the M.V. Act for awarding compensation to the tune of Rs. 40,50,000/- on account of death of one Sidhnath Prasad in Motor Vehicle Accident with the case in succinct that on 25.01.2009 said Sidhnath Prasad was proceeding to Chapra along with Asarfi Roy on motorcycle and when he was crossing village Dumri Bujurg at NH-19, Naya Gaon, District Chapra, a truck bearing registration no.WB-25A-7013 being driven rashly and negligently by its driver dashed the said Sidhnath Prasad resulting into his death. The aforesaid accident took place due to rash and negligent driving of the offending truck by its driver at the relevant time of accident.