Sanjay Kumar Dwivedi, J. - (1.) Heard Mr. Manish Kumar, learned counsel for the appellant and Mr. D.K. Chakarbarty, learned counsel for the respondents.
(2.) The present appeal has been filed against the judgment dated 05.10.2016 passed in Title Motor Vehicle Suit No. 07 of 2010 passed by District Judge-II-cum Presiding Officer, Motor Accident Claim Tribunal, Bokaro. Whereby the Tribunal has awarded a sum of Rs. 3,63,000/- as compensation to the claimants and also directed to pay. the same after deducting Rs. 50,000/- if paid earlier under section 140 of the Motor Vehicle Act (Hereinafter referred as the Act) within a period of one month from the date of Order failing which penal interest @ 6% per annum shall be paid from the date of framing of issues i.e. 20.10.2011 till the date of payment.
(3.) It is the case of the claimants in the court below that deceased was the employees of Centure Pharmaceutical Private Limited. On 06.02.2008 the son of claimants Sumit Kumar along with his friend Ajit Kumar Dey were coming from Dhanbad to Ranchi for business purpose on his vehicle which was a bike bearing registration no. JH01P 4443. A truck was coming rashly and negligently from the opposite direction and the rider to save in vehicle as well as both themselves turned towards Kachcha Road and collided with a tree as a result of which son of claimants namely Sumit Kumar sustained grievous injury but rider Ajit Kumar Dey died on spot. Sumit Kumar sustained grievous injury and in course of treatment he died at B.G.H.;