BRANCH MANAGER Vs. ATIKA DEVI

JUDGEMENT

(1.) Heard Mr. Alok Lal, learned counsel for the appellant, Mr. Shashi Kumar Verma, learned counsel for respondent no.1 and Mr. Md. Yasir Arafat, learned counsel for respondent no.2.

(2.) This appeal has been filed challenging the validity and legality of the judgment/award dtd. 22/4/2014 passed in MACT Case No.34 of 2012 by the learned Principal District Judge cum Motor Vehicle Accident Claim Tribunal, Pakur, whereby, the award has been delivered with direction to the appellant to pay Rs.12.00 Lakhs along with interest @ 7% per annum from the date of institution of the suit dtd. 1/3/2012.

(3.) Respondent no.1 filed an application seeking compensation under Sec. 166 of the Motor Vehicle Act, 1988 for the death of her husband Late Nimay Mandal. In the said application, respondent no.1 stated that her husband was standing near a bridge at Piyarsola on 17/12/2011 at 03:00 P.M. when a Tractor bearing no. JH-16A-6314, which was being driven by driver Nepal Mandal dashed the deceased leading to his death. It was further stated in the application that her husband was aged 44 years and he was doing business of tractor, pumping set, bricks and cultivation and was earning Rs.22,000.00 per month. The claimant claimed a compensation of Rs.15.00 Lakhs. Pursuant to that claim, the learned court has decided the said claim in MACT Case No.34 of 2012 vide judgment/award dtd. 22/4/2014 and considering the rival submissions of the parties, he has come to that conclusion and passed the award to pay compensation of Rs.12.00 Lakhs along with interest @ 7% per annum from the date of institution of the suit dtd. 1/3/2012 by the appellant, which is under challenge in this appeal.