SUBHRA GOSWAMI Vs. SINDU SANWAR

JUDGEMENT

(1.) Heard Mr. Rajiv Kumar Karan, learned counsel for the appellants and Mr. Bibhash Sinha, learned counsel for respondent no.2-ICICI Lombard General Insurance Company Limited.

(2.) The present appeal has been preferred against the award dated 16. 09.2016 passed by the learned District Judge-IV cum M.A.C.T., at Dhanbad in Title (M.V.) Suit No.153/2015.

(3.) Mr. Karan, learned counsel for the appellants submits that the appellants are claimants and the appeal has been filed for enhancement of the award, He submits that meager amount of Rs.3,69,500.00 with interest @ 9% per annum has been awarded in the case of death. He further submits that the said compensation case was instituted on the ground that on 21. 12.2010 at about 11:30 a.m., the informant Manoj Kumar gave a fardbeyan before the police that the deceased Prashant Kumar Goswami along with Birendra Kumar was travelling by Bajaj Motor Cycle bearing no. JH-01S-9006 and when they reached near Sidraul More, P.S. Namkum, District- Ranchi, all of a sudden one Indica car bearing No. JH-05AC-0816 dashed the said motorcycle as a result of which the deceased received grievous injury and died on the spot. He then submits that on the basis of bardbeyan of Manoj Kumar of Namkum P.S., FIR was registered being Namkum P.S. Case No.184/2010 dtd. 21/12/2010 under Sec. 279, 338 and 304A of the Indian Penal Code against the driver of the said Indica car. He submits that the investigation was conducted and the Investigation Officer found the case true under Sec. 279, 338 and 304A of the Indian Penal Code against the driver of the said Indica car and charge-sheet was submitted.