KAPILDEV CHAUDHARY Vs. AJMERUN BIBI

JUDGEMENT

(1.) This appeal has been preferred by Kapildev Chaudhary (owner of the vehicle) against the judgment and award dated 17th March, 2010 passed by the 5th Additional District Judge cum Motor Accident Claim Tribunal, Dumka in Title Claim Suit No. 53/2008 whereby the appellant has been fastened with the liability to pay compensation to the extent of Rs.3,29,600/- besides the interim compensation of Rs.50,000/- already paid under Section 140 of the M.V. Act and awarded amount shall be distributed and deposited as per the direction given in the impugned judgment. It was further directed that the amount of compensation so awarded shall be paid within one month from the date of order failing which the appellant will have to pay 7% simple interest from the date of institution of the case till realization of the amount.

(2.) The facts in brief is that the deceased Faruk Ansari, Home Guard No.7850 was a member in the police patrolling party and in course of patrolling, the police Jeep stopped near Karma More. The deceased was going to ease himself and in course of crossing the road, he was caught under the wheels of a Truck which was being driven rashly and negligently and died at the spot. Registration number of offending vehicle was BR-12H0023. After chase the Truck was apprehended and the driver disclosed his name as Bramhdeo Yadav, son of Sidho Yadav. In this connection Dumka (Muffasil) P.S. Case No. 23/2007, G.R.No. 253/2007 under Sections 279, 304 A of the Indian Penal Code was registered. The dependent of the deceased filed application for grant of compensation which was registered as Title Claim Suit No. 53/2008.

(3.) The owner, driver and insurer in receipt of the notice appeared before the court-below and filed their respective show-cause. After adjudication in that matter, award, as indicated above was passed.