Syed Md.Mahfooz Alam, J.

1. This Miscellaneous Appeal has been preferred by the appellants (Oriental Insurance Company Limited, Begusarai and another) against the judgment dated 5th February, 2000 passed by Sri Baikunth Nath Shahi, 3rd Additional District Judge-cum-Additional Motor Accident Claims Tribunal, Begusarai in Claim Case No. 25 of 1993 whereby he has awarded total compensation of Rs. 6,32,000/- to the injured-claimant (respondent no.1) with interest at the rate of 12% per annum for injury sustained by him in a motor vehicle accident.

2. The brief facts of the case are as follows:

On 21.1.1993 at 4.30 P.M. the claimant (Diva Shankar Rai) was returning back to his house along with his villagers, namely, Raj Kishore Rai and Ram Naresh Rai after viewing a wrestling competition. As soon as he reached the metalled road, a Tata Maxi bearing registration No. BRI-2151 which was being rashly and negligently driven by its driver came from northern side and knocked down the claimant. As a result of dashing by the said Tata Maxi, the claimant (Diva Shankar Rai) received severe injuries and became unconscious. However, the driver drove away the Maxi towards Begusarai. The injur