RAKESH KUMAR, J.:–The present appeal under Section 173 of the Motor Vehicles Act,1988 (hereinafter referred to as the “M.V.Act”) has been preferred against the Judgment dated 18.09.2009 and award dated 12.11.2009 passed by the learned 2nd Addl.District Judge-cum- Motor Accident Claim Tribunal, Bhagalpur (hereinafter referred to as the “Claims Tribunal”) in M.V. Claim Case no.94 of 1998. By the Judgment and award, the Claims Tribunal has allowed the claim petition and directed the appellants/Insurer of the offending vehicle to pay compensation amount to the tune of Rs.24, 09,500/- with interest @ 9 % per annum from the date of filing of the claim case till the date of realization of the total amount after deducting Rs.50, 000/-, which has already been received by the claimants as interim compensation.

2. Short fact of the case is that on 04.08.1998, the husband of Respondent no.1, mother of Respondent nos.2 to 5 and son of Respondent no.6 was going to join his duty from his house, situated at village Nasrathkhani, Police Station-Nath Nagar, Bhagalpur by a Tata Maxi having Registration no.BR-10P-8122 along with other co-passengers. By the said vehicle, the husband of Respondent no.1, namely, Sugrib Mandal was going to Bhagalpur Railway Station for his onwards journey. Sugrib Mandal was at the relevant time posted as Field Officer in Munger Gramin Kshetriya Bank, Allouli Branch in the district of Khagaria. While Tata Maxi carrying passengers including Sugrib Mandal was moving towards Bhagalpur Railway Station and reached near the gate of T.N.B. College, Bhagalpur, due to rash and negligent driving of the driver, the vehicle in question turned turtle and in the said accident, three passengers including Sugrib Mandal died and several passengers received serious injuries. After the accident, on the same day at Jawahar Lal Nehru Medical College and Hoapital, Bhagalpur on the basis of fardbeyan, an F.I.R. vide Kotwali P.S. Case No.354 of 1998 was registered for the offence under Sections 279, 337, 338 and 304A of the Indian Penal Code against the driver of the offending vehicle. On the dead body of the deceased, postmortem examination was conducted and the doctor opined that the death had occurred due to vehicular accident. Subsequently, a claim petition was filed, which was registered as Claim Case no.94 of 1998. The claimants had claimed total compensation amount to the tune of Rs.26, 03,514.20. At the time of filing of claim petition, the father of the deceased, namely, Bhojal Mandal was also arrayed as claimant. However, before deciding the claim case, he died and, as such, his name was expunged from the record of the case, but before his death, father of the deceased was already examined as Claimant Witness. Before the Claims Tribunal, the claimants examined altogether eight witnesses and number of documents were got exhibited. F.I.R., Postmortem Examination Report of the deceased Sugrib Mandal, photo copy of the Insurance Policy of the offending vehicle, original PAN Card of the deceased, salary statement of the deceased Sugrib Mandal attested by the Branch Manager of Munger Gramin Kshetriya Bank, Allouli Branch under Khagaria district and photo copy of inquest report in respect of deceased Sugrib Mandal were got exhibited. The witnesses examined before the Claims Tribunal categorically supported the claim case. Before the Claims Tribunal, the owner and driver of the offending vehicle appeared and filed a joint written statement. Similarly, both the appellants/Insurer of the offending vehicle filed written statement. However, the appellants/Insurer of the offending vehicle did not adduce any oral evidence. After hearing the parties and considering the evidences on record, the learned claims tribunal by the impugned Judgment allowed the claim petition and directed the appellants to pay compensation amount as indicated above.

3. At the time of hearing, Sri Ashok Priyadarshi, learned counsel for the appellants had confined hi