UMA DEVI Vs. RAJU KUMAR RAI

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondent no. 3 on this Miscellaneous Appeal.

(2.) This miscellaneous appeal has been preferred against the judgment dated 30.06.2015 and award dated 18.08.2015 passed by learned Additional District Judge-XIVcum-Motor Vehicle Accident Claim Tribunal, Patna in Claim Case no. 251 of 2012/ 1839 of 2014 whereby the learned Tribunal allowing the claim petition filed by the claimants, directed the O.P. no. 3 of the said case i.e. The New India Insurance Company Ltd. to pay compensation to the tune of Rs. 3, 04, 000/- along with interest @ 9% per annum from the date of filing of the claim case till its realization to the claimants with liberty to O.P. no. 3 to recover the aforesaid compensation amount from O.P. no. 2 if in any subsequent proceeding it is proved that the O.P. no. 1 was driving the said vehicle without valid licence or valid permit, after its payment.

(3.) Factual matrix of the case is that the Claim Case no. 251 of 2012/ 1839 of 2014 was filed by the claimants-appellants under Section 166 of the M.V. Act for awarding compensation to the tune of Rs. 3, 50, 000/- along with interest @ 12% per annum on account of death of Sudhir Kumar in motor vehicle accident with the case in succinct that the said Sudhir Kumar who happened to be son of the claimants was proceeding to his house from Raj Dairy Dhanki, Kumhrar on 22.06.2012 at 5:00 AM by his bicycle and when he reached near village Bairia Bazar Main Road under P.S. Gopalpur, Patna, suddenly a truck bearing registration no. JH01AN-2039, coming from the opposite direction, being driven rashly and negligently by its driver hit the bicycle of Sudhir Kumar inflicting injuries on his head and other parts of his person. He was admitted in P.M.C.H. for treatment, but he succumbed to his injuries. Regarding the aforesaid incident, Gopalpur P.S. Case no. 40 of 2012 was instituted against the driver of the offending truck. The deceased was aged about 21 years at the time of his death and was doing the business of milk and used to earn Rs. 3000/- per month from the said vocation.