S.N.PATHAK,J. - (1.) This appeal arises out of award/judgment dated 12.12.2014, passed by Principal District Judge-cum-P.O., MACT, Lohardaga in Compensation Case No. 27 of 2011 whereby and whereunder Tribunal has awarded a sum of Rs. 18,53,500 to the claimants-respondent Nos. 1 to 4 along with interest at the rate of 6 per cent per annum from the date of institution of the case till its realization, payable by the appellant insurance company within a period of two months from the date of award, failing which insurance company shall be liable to pay interest at the rate of 9 per cent per annum from the date of judgment/award.
(2.) Claim application was preferred by claimants under section 166 of the MV Act, 1988 for grant of compensation of Rs. 32,50,000 along with interest at the rate of 18 per cent per annum from the date of filing till realization of the claim amount on account of death of Braj Kishore Mishra, who was husband of claimant-respondent No. 1 and father of respondent Nos. 2 to 4. According to claim application, on 9.5.2010, Braj Kishore Mishra (deceased) and Rajesh Kumar Mishra (OP No. 1-respondent No. 5), brother of the deceased, were returning from their paternal village Buty on a motor cycle bearing No. JH 07-B 0806, being driven by the OP No. 1 (respondent No. 5 herein). When they reached near Kushwaha Hotel, Lohardaga, it turned turtle in which both of them received injuries. However, the pillion rider received grievous injuries and was brought to the house and thereafter taken to Apollo Hospital, Irba, Ranchi for treatment where he succumbed to the injuries on 10.5.2010. It is claimed that the deceased was the sole bread earner of the family and was a practising Advocate at Lohardaga Civil Court and was earning approx. Rs. 30,000 per month. It is further alleged that during treatment, an amount of Rs. 6,50,000 was spent in Apollo Hospital which was claimed along with pecuniary loss of Rs. 25,00,000. It is alleged that since after the accident the family members were busy with treatment of the deceased and after the death they were busy with rituals and as such matter could not be reported to the police. However, on 1.7.2010 the same was reported to Senha Police Station and Station Diary entry was made as Station Diary No. 204, dated 11.7.2010.
(3.) The opposite party No. 1-respondent No. 5 has filed written statement stating therein that he along with his deceased brother was returning on the motor cycle being driven by him. He was having valid driving licence and the vehicle was insured under a valid policy being Policy No. 332903/31/2010/3924, which was valid from 8.3.2010 to 7.3.2011. It is further alleged that the insurance company is liable to pay the compensation.;