1. Heard Mr. Ashok Priyadarshi, learned counsel for the appellant.

2. For the reasons mentioned in the accompanying application, seeking condonation of delay in filing of this appeal, being I.A. No. 2514 of 2009 confined to a period of two days, is hereby allowed and the delay in filing of this appeal is condoned.

3. This appeal is directed against the order of the District Judge-cum-Motor Vehicle Accident Claim Tribunal, Nalanda at Biharsharif dated 24.12.2008 in Claim Case No. 74 of 2007 whereby and whereunder the appellant Insurance Company has been directed to pay compensation of Rs.8,89,500/- alongwith interest thereon at the rate of 6% per month from 14.8.2007, the date of filing of the claim application, till its recovery from the insurer, the appellant Insurance Company.

4. The facts which are not in dispute are that in the fateful night on 10-11.5.2007 Ram Pravesh Singh, an employee of Bihar State Warehousing Corporation, Raxaul had boarded a deluxe bus no. BR-05-0556 run by the Bihar State Transport Corporation at Motihari Bus Stand for traveling to Patna and the said bus at about 3.45 A.M. when it had reached near Hazipur and was passing through Gandhi Setu had