- (1.) DELAY in filing the appeal is condoned. Heard the learned Counsel for the appellant.
(2.) THIS appeal has been filed by the appellant Insurance Company against the judgment and award dated 6.3.2006 passed by the Motor Vehicle Accident Claims Tribunal, Godda, in the Title Claim Case No, 8 of 2004/10 of 2005, whereby he has awarded a total compensation of Rs. 1,29,000.00 (rupees one lakh and twenty - nine thousand) for the death of the deceased caused in a motor vehicle accident. The admitted facts of the case are that the deceased was going on his bicycle from Lalmatia to Bhagalpur for the purpose of selling coal. On the way, the deceased was dashed by a tractor bearing registration No. BR -1 IB 4556, as a result of which the deceased died on the spot. The insurance of the vehicle was not disputed by the appellant. Taking into consideration the annual earning of the deceased being Rs. 18,000.00 the tribunal has awarded the aforesaid amount of compensation.
(3.) THE appellant Insurance Company has challenged the quantum of compensation In this appeal, Inter alia, on the ground that as per the post -mortem report, the deceased was aged about 55 years and therefore, the multiplier of 11 ought not to have been applied for the purpose of determining the compensation. The learned Counsel further submitted that the vehicle was being driven in violation of the policy conditions.;