SANJAY KUMAR DWIVEDI,J. - (1.) C.A.V ON 12.07.2019 DELIVERED ON 03/09/2019 : Being aggrieved with the award dated 13.06.2017 passed by the District Judge-XIV-cum-Motor Accident Claims Tribunal, Dhanbad in Title (M.V) Suit No. 61 of 2014, the appellantInsurance Company has preferred the present appeal under Section 173(1) of the Motor Vehicles Act, 1988.
(2.) The brief facts of the case is that on 31.01.2014, while Bhairav Lal Mahto (deceased) was returning home after performing his duty from Sendra Bansjora Colliery on his Moped bearing registration No. JH-10 AG-6371 and reached near Shakti Chowk at 3.30 p.m, a Hywa bearing registration No. JH-10 AG1285, being driven rashly and negligently and coming from Rajganj Side dashed the said Bhairav Lal Mahto, which caused serious injuries to him. Thereafter, said Bhairav Lal Mahto was taken to Patliputra Medical College and Hospital, Dhanbad, where he succumbed to his injuries.
(3.) The said Bhairav Lal Mahto was an employee of Bharat Coking Coal Limited working as Coal Dresser at Sendra Bansjora Colliery, Dhanbad with a monthly salary of Rs. 39,140.74 at that time. At the time of death, he was only 44 years old and left behind his widow wife, one son and two daughters, who were the original plaintiffs (respondent nos. 1 to 4 herein) and who had filed the suit being Title (M.V) Suit No. 61 of 2014 before the Motor Accident Claims Tribunal, Dhanbad claiming compensation to the tune of Rs. 63,52,199.96 with interest @ 9 % per annum from pendente lite and future cost from the defendants-owner and insurer of the said vehicle (Hywa) invoking provisions of Section 166 read with Section 140 of the Motor Vehicles Act, 1988 (herein after referred to as the Act ).;