S. N. Pathak, J. - (1.) This appeal has been preferred against the Award dated 20.03.2012 passed by Additional District Judge-I-cum-Motor Accident Claim Tribunal, Pakur in Motor Vehicle Claim Case No.15 of 2010, whereby and whereunder he has been pleased to allow the claim of the respondent Nos. 1 & 2 and directed the appellant to pay a sum of Rs. 7,68,000/- to the respondent Nos. 1 & 2 within a month w.e.f. 20.03.2012 and if the amount is not paid within stipulated period the respondent Nos.1 & 2 are entitled for penal interest @ 9 % per annum w.e.f. 20.03.2012 till date of payment and they are also entitled for realization of amount through process of law.
(2.) As per the claim petition, the claimants are parents of deceased Jamir Momin and according to the claim petition, the deceased Jamir Momin aged about 19 years was a permanent Khalasi of three wheeler tempo bearing No. JH 16 A 2772 and was employed by Ajijur Rehman and earning Rs. 6000/- per month as Khalasi-cumconductor. On 22.02.2010 at about 12:15 PM at Pakur Hiranpur Main Road under Village Shaharkol, P.S. Pakur, District Pakur, the said three wheeler was going towards Hiranpur and at village Shaharkol, the passengers were getting down from the tempo and the deceased also got down from the vehicle and was collecting fare from the passengers when another tempo bearing No. JH 16 A 1342 being driven rashly and negligently dashed the deceased and he received severe injuries on his vital parts and succumbed. The offending Tempo having Registration No. JH 16 A 1342 was owned by one Dolores Marandi and being driven by Sanatan Das @ Ajay Das and was insured with Reliance General Insurance Company Ltd. The claimants have claimed Rs. 9,31,000/- with interest.
(3.) The owner of the vehicle has stated in her written statement that allegation is false and baseless. She has also stated that claimants have no valid cause of action and no document regarding age, occupation and income of the deceased has been filed. She has also denied the involvement of her vehicle in the accident. She has also denied the claim amount and other facts mentioned in the claim petition. She has however admitted that the driver Sanatan Das was having valid and effective driving licence and her vehicle was insured with Reliance General Insurance Company and the policy was valid from 17.02.2010 to 16.02.2011.;