ORIENTAL INSURANCE COMPANY LTD. Vs. SALIM MIAN

JUDGEMENT

(1.) This appeal has been preferred by the Oriental Insurance Company Ltd. against the judgment and award dated 23rd January 2012 passed by learned District Judge-I-cum-Motor Vehicle Accident Claims Tribunal, Pakur in connection with M.A.C.T. Case No. 71 of 2008 whereby the respondent Nos. 1 and 2 (claimants) have been directed to be paid compensation to the extent of Rs. 7,22,000/- including the interim compensation of Rs. 50,000/- already paid to the claimants u/s. 140 of the M.V. Act. The Tribunal has further directed that the balance of Rs. 6,72,000/- shall be paid from the date of the judgment failing which the appellant/insurance company shall have to pay 9% per annum interest from the date of judgment till final realisation of the amount.

(2.) The brief facts, behind the filing of the claim application, is that on 06.09.2008 deceased was traveling on a bus bearing registration No. BR12P-5222. The bus was being driven rashly and negligently as a result the door of the bus suddenly got opened and the deceased Md. Wasim fell down and crushed under the rear wheel of the bus and died at the spot.

(3.) The claimants, who are parents of the deceased Md. Wasim, have filed application for grant of compensation disclosing therein that the deceased was aged about 25-26 years at the time of his death and he was a tailor by profession. The learned Tribunal after adjudication, awarded the amount, as aforesaid.