NEW INDIA ASSURANCE COMPANY Vs. PROTIMA BISAI

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal is directed against the judgment/award dtd. 25/1/2005 passed by the learned M.A.C.T. cum-Additional District Judge, VIII, Dhanbad in Title (M.V.) Suit No.124 of 1995 whereby and where under the learned tribunal has directed the appellant-Insurance Company to pay in total a sum of Rs.2,33,500.00 with interest @ 6% per annum from the date of institution of the suit till realization.

(3.) The brief facts of this case is that on 13/8/1995 at about 11:30 pm while the deceased- Jai Bisai who was the husband and father of the claimant Nos. 1 and 2 respectively, after watching movie at Govindpur was going to village Baghsuma on foot, on the way near village Fakirdih, the truck bearing No. BR- 20B-9516 came from behind and ran over the deceased Jai Bisai. The bus fell down in a ditch by the side of the G.T. Road and the deceased succumbed to the injuries sustained by him in the said accident. In connection with the accident, Govindpur P.S. Case No.147 of 1995 under Ss. 279/304 A of the Indian Penal Code was registered.