SIKANDAR KUMAR DAS Vs. RAJESH SINGH

JUDGEMENT

(1.) Both these appeals arise of the judgment and award of compensation passed by the learned District Judge-II-cum-MACT, Giridih in Motor Accident Claim Case No. 51/2015, whereby and whereunder, Sec. 166 of the M.V. Act. a compensation of Rs.28,43,265.00 with interest @ 9% per annum has been awarded in favour of the claimants. The Insurance-Company is in appeal against the liability being fixed on it and as well as the quantum of compensation awarded, whereas the claimants have preferred the appeal for enhancement of compensation.

(2.) As per the case of the claimants, on 12/1/2015 at about 2 p.m. deceased-Savitri Devi, who was going on a motorcycle bearing registration no. JH-11D-5849, met with an accident caused by rash and negligent driving by the driver of the truck bearing registration no.NL-01G-6414. The deceased sustained fatal injuries and died on spot regarding which a case was registered being Giridih (T) P.S. Case No. 10/2015 under Ss. 279, 337, 338 and 304(A) of the IPC against the driver of the offending truck.

(3.) The award of compensation in the instant case is under challenge on the ground that the driver of the offending truck was not having a valid and effective driving licence at the time of accident.