ORIENTAL INSURANCE COMPANY LIMITED Vs. PRAMJEET SINGH

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred against the judgment and award dtd. 30/8/2008 passed by the 1st Additional District Judge-cum- Presiding Officer, Additional Claims Tribunal, Hazaribagh in Claim Case No.64 of 2003 by which the learned Tribunal directed the appellant- insurance company to pay half of the amount of Rs.7,20,000.00 after deducting the amount as already paid under Sec. 140 of the M.V. Act to the claimant, through an account payee cheque with an interest at the rate of 6% per annum from the date of filing of the claim petition within one month from the date of the said judgment and award dtd. 30/8/2008 to the respondent-claimants.

(3.) The brief facts of the case is that the deceased ..Rameshwar Prasad Singh @ Ramesh Prasad Singh on 8/2/2001 while riding a borrowed motorcycle of the owner, the motorcycle was hit by a scooter which scooter was being rashly and negligently driven and by such motorcycle accident, the deceased fell down and sustained injuries and succumbed to the injuries. The appellant-insurance company is the insurer of the Hero-Honda Motorcycle. The insurance policy concerned is a ..Motorcycle Policy B Act With Theft.. It is pertinent to mention here that no premium was paid regarding Personal Accident Coverage (P.A.C). The insurance company contested the claim of the claimants for payment of compensation.