ABDUL KARIM Vs. NAUSHAD ALAM

JUDGEMENT

(1.) Both the miscellaneous appeals i.e. M.A. No. 360/2013 and M.A. No. 361/2013 are arising out of the same accident in which two set of claimants vide Claim Case No. 25/2004 and Claim Case No. 28/2004 came before this Court for enhancement of the Award, as such, both the appeals are being heard together. I.A. No. 3930 of 2014 in M.A. No. 360 of 2013 Learned counsel for the appellants has submitted that there is delay of 02 days in preferring the appeal and for condonation of the same, I.A. No. 3930 of 2014 has been filed and the reasons has been assigned in the interlocutory application.

(2.) Since no counter affidavit has been filed in the limitation petition, even though learned counsel for the Insurance Company has appeared, the delay in filing the appeal is hereby condoned.

(3.) M.A. No. 360 of 2013 M.A. No. 360/2013 has been preferred by the claimants namely, Abdul Karim and Jamila Khatoon for enhancement of the Award dtd. 22/8/2013 passed by learned Additional Claim Tribunal, 3rd, Chatra in Claim Case No. 25/2004, whereby compensation for the death of Amna Khatoon, aged about 18 years, has been awarded to the tune of Rs.1,62,000.00 (out of which amount of Rs.50,000.00 has already been paid under Sec. 140 Motor Vehicles Act) against the Oriental Insurance Company Limited within one months from the date of Award, failing which the Insurance Company shall have to pay 8% simple interest on the said amount with riding clause to recover the same from the owner of the truck in question.