DIVISIONAL MANAGER ORIENTAL INSURANCE COMPANY LIMITED MOTIJHEEL MUZAFFARPUR Vs. PAWAN KUMAR SON OF LATE KISHAN CHANDRA

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicle Act,1988 ( hereinafter referred to as the "M.V.Act") has been preferred against the Judgment dated 21.05.2007 and Award dated 02.06.2007 passed in Claim Case No.52/99 by the learned Addl. District Judge, F.T.C. No.2-cum- Motor Accident Claim Tribunal, Muzaffarpur ( hereinafter referred to as the "Claim Tribunal").

(2.) By the impugned judgment , the learned Claim Tribunal has allowed the claim and directed the appellant/insurer of the offending vehicle to pay the compensation amount of Rs.1,37,000/- ,which includes the amount of interim compensation, consortium and funeral expenses. During the trial, the petition under Section 140 of the M.V.Act was allowed and interim compensation of Rs.50,000/- was paid to the claimants and, accordingly, the remaining amount of Rs.87,000/- along with interest @ 9% per annum from the date of filing of the claim case till the date of realization was directed to be paid to the claimants.

(3.) Short fact of the case is that on 25.02.1999 one Kapildeo Paswan, husband of Respondent no.2 and father of Respondent no.3, was dashed by a tractor bearing Registration no.BR-06B/0673 due to rash and negligent driving by the driver of the offending tractor. At the time of accident, the husband of Respondent no.2 was in his Bathan. After the accident, he was carried to hospital, but on way he succumbed to the injuries. Thereafter an F.I.R. vide Kurhani P.S.Case no.34 of 1999 was registered . Respondent nos. 2 and 3 jointly filed claim case under the provisions of the M.V.Act, which was registered as Claim Case No.52/99 along with relevant documents. In support of the claim case, the claimants examined altogether four witnesses. It was claimed that the deceased was earning Rs.2500/- per month and he was a carpenter and doing business of furniture. The deceased at the time of accident was aged about 50 years.