SANJAY KUMAR DWIVEDI - (1.) The present appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as the Act) by the claimant against the Judgment and Award of compensation passed in Title (M.V.) Claim Case No. 37 of 2008 by the learned District Judge-VI- Cum- Motor Accident Claim Tribunal, Giridih for enhancement of the awarded amount.
(2.) The learned Tribunal directed the National Insurance Company Ltd. to pay Rs 334000/- after deducting a sum of Rs 50000/- which was paid as interim compensation under section 140 of the Act to the claimants. Thus, after the deduction the awarded amount comes to Rs 2,84,000/-. The Tribunal further directed the Insurance Company to pay the interest @ 8% per annum from the date of filing of the claim petition till its realization.
(3.) It is the case of the claimants that the deceased Anant Kumar was traveling in the vehicle Trakker bearing No. BR-23 7188 on 30.06.2008. He boarded the Trakker at Kowad more for his destination to Charghara. The said Trakker on reaching near Koltar tank at Jorasankh, Giridih on Jamua road turned turtle on the Pakka road due to rash and negligent driving of the driver of the said vehicle resulting the death of Anant Kumar on the spot. The Jamua Police registered the case as Jamua P.S.Case No. 131/2008 on 30.06.2008 for the offences under Section 279 , 338 , 304A of Indian Penal Code, prepared the inquest report on the spot, and sent the dead body for postmortem examination to the Sadar Hospital. He seized the vehicle and after investigation submitted charge sheet. It has been contended that deceased was a brilliant student having good academic record. It has been further contended that the deceased was aged about 22 years and he was earning Rs 3000/- per month as he was a tutor cum student.;