VINA DEVI Vs. SITA RAM MANDAL

JUDGEMENT

(1.) Heard, learned counsel for the parties.

(2.) Learned counsel for the appellants has submitted that appellants/claimants namely, 1. Vina Devi, 2. Vanshi Devi, 3. Kalachand Das, 4. Pankaj Das, 5. Mishri Das and 6. Monika Kumari (claimant nos.3,4 and 5 are minor sons and claimant no.6 is minor daughter of the deceased represented by their legal guardian and mother- Vina Devi) have preferred instant Miscellaneous Appeal for enhancement of the award dated 11.02.2015 passed by learned Principal District Judge-cum-M.A.C.T. Judge, Godda, in Title (M.V.) Suit No.10 of 2012 whereby the claimants have been awarded compensation to the tune of Rs.7,77,500/- along with interest @ 9% per annum from the date of filing of the claim application i.e. 10.12.2012 till the date of payment of compensation to be paid with 30 days from the date of award, failing which recovery shall be made through the process of the Court at the cost of O.P. No.3 i.e. The Oriental Insurance Co. Ltd.

(3.) Learned counsel for the appellants has submitted that deceased (Suchindra Das @ Suchindra Harijan @ Sunil Das) lost his life, in a road accident occurred on 05.12.2011 at about 2:00 P.M. near Jamunia More on Deoghar-Hansdiha Pitch Road, due to rash and negligent driving of driver of the tractor bearing Registration No.JH15F-0792, insured before the Oriental Insurance Company Limited, which is not under challenge before this Court.