1. Heard Sri Durgesh Kumar Singh, the learned counsel on behalf of the appellant (United Insurance Company Ltd) and Mr. Anil Jaiswal, the learned counsel on behalf of the respondent (owner and driver of the vehicle in question) in the admission matter under Order 41 rule 11 of the Code of Civil Procedure.

2. With consent of the parties, this Misc. Appeal is disposed of after hearing the appellant at the admission stage itself.

3. This Miscellaneous Appeal has been filed by the Insurance Company against the judgment and award dated 22.6.2005 passed by Sri Ghaneshwar Srivastava, llnd Additional District Judge, Darbhanga-cum-Motor Vehicle Accident Claim Tribunal in Case No. 40 of 2000.

4. The claimant, Shahanaz Khatoon filed the aforesaid Claim Case No. 40 of 2000 claiming compensation to the tune of Rs 4,10,000/- (four lacs ten thousand only). According to the case of the claimant, the husband of the claimant i.e. the deceased, Md. Akbar who was aged about 35 years was sitting on the top of the truck bearing Registration No. BR-30/G- 4182 on 5.5.2000. On the said truck, the Barat party was sitting. According to her further case, her deceased husband was a tailor master. Due