NEW INDIA ASSURANCE CO. LTD Vs. KANCHAN BHAGAT

JUDGEMENT

(1.) Heard the parties.

(2.) This miscellaneous appeal has been filed under Section 173 of Motor Vehicle Act on behalf of appellant New India Assurance company Ltd. against the judgment dated 22.09.2008 and Award dated 18.10.2008 passed by 1st Additional District Judge-cum- Motor Accident Claim Tribunal, Saran at Chapra in Claim Case No. 22 of 2002, by which the learned Claims Tribunal has directed the appellant/insurance company to pay a sum of Rs. 3,50,000/- (rupees three lacs fifty thousand) to the claimant with interest @ 6 % per annum from the date of claim case till its realization.

(3.) Claimant is husband of deceased Parwati Devi who died in a motor accident while travelling on Commander Jeep bearing registration No. BR04A-1926 which collided with another Commander Jeep bearing registration No. BR-06P-150 on 19.09.2001 at about 10:00 P.M. Deceased was travelling on Commander Jeep BR04A-1926 and was seriously injured and taken to hospital where she succumbed to her injuries. F.I.R. was instituted being Dighwara P.S. Case No. 103 of 2001 under Sections 279, 338 and 304-A of the Indian Penal Code against the drivers of both the vehicles and after investigation police found the case to be true against drivers of the both vehicles and submitted chargeseheet against drivers of both the vehicles.