ORIENTAL INSURANCE COMPANY LTD Vs. SUMITRA DEVI

JUDGEMENT

(1.) Heard learned Counsel for the respective parties.

(2.) The instant appeal is preferred against the judgment and Award dated 12th September 2008 passed by the Motor Vehicle Accident Claims Tribunal-cum-1st Additional District Judge, Deoghar in Motor Vehicle Accident Claim Case No. 5 of 1995 (Smt. Sumitra Devi and Ors. v. Sri Anand Prakash and Anr.), whereby the Insurance Company Appellant was directed to pay compensation to a tune of Rs. 1,54,800/- to the claimants plus interest @ 6% from the date of institution of the claim case till the date of payment.

(3.) The fact of the case is that Bhola Prasad Yadav aged 35 years, was working as a home guard H.G. No. 1326 in Rikhiya Armed guard, Mohanpur. On 8.11.1994 at 9.30 hours in the morning he was going on cycle when driver of a bus bearing registration No. B.R.J. 7065 hit him behind back of the cycle on Baijnathpur Deoghar Dumka Road, as a result of which he died at the spot. The Bus was being driven rashly and negligently, a first information report was registered relating to the accident at Deoghar police station (Deoghar P.S. Case No. 219 of 1994). The wife and three minor children, namely, Smt. Sumitra Devi (wife), Vijaya Kumari and Pramila Kumari (both minor daughters) and Ranjit Prasad Yadav (minor son) preferred a claim petition stating therein that bus was insured with the Oriental Insurance Company Limited, Bhagalpur for the period from 18th April 1994 to 17th April 1995 vide Policy No. 137566. That Bhola Prasad Yadav used to earn Rs. 1350/- per month as salary while working as a home guard.