AMAR SHANKAR Vs. SHREE KAPIL KUMAR

JUDGEMENT

(1.) M.A. No.699 of 2014 has been filed on behalf of the claimants-appellants for enhancement of compensation amount awarded by the Motor Accident Claims Tribunal, Begusarai passed in Claim Case No.67 of 2001, whereas M.A. No.656 of 2013 has been filed on behalf of the National Insurance Company Limited against the award granted by the Motor Accident Claims Tribunal, Begusarai passed in Claim Case No.67 of 2001 being excessive and claimants being not dependant upon the deceased, are not entitled for any compensation.

(2.) Claim application has been filed on behalf of the brother and sister of the deceased Anjali Kumari for grant for compensation. Claimants in their claim application have stated that their sister Anjali Kumari was travelling from Beugsarai to Ranchi on 25.11.2000 by Ambassador car bearing registration no. BRL- 1626 along with her parents and brother and when the vehicle reached near the Sirotar bridge, truck bearing No. BR-1G-9043 which was being driven in a rash and negligent manner dashed against Ambassador car as a result of which parents, sister and driver of the car died on the spot.

(3.) On the basis of fardebyan of father (since deceased) of deceased Anjali Kumari, namely, Ravi Shankar Pandey, Harnaut P.S. Case No.192/2000 dated 25.11.2000 was instituted under Sections 279, 337, 338, 304A of Indian Penal Code against the driver of the truck and after completion of investigation, charge-sheet was submitted in the court of CJM, Begusarai. Deceased Anjali Kumari was 25 years old at the time of occurrence and she was graduate and skilled in computer science. The truck was insured by National Insurance Company Limited on the date and time of accident and claimants claimed compensation of Rs.9,82,068/- with interest @ 12% per annum from the date of filing of claim application till its realization.