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2012 Supreme(Pat) 685

RAKESH KUMAR
Sanichari Devi – Appellant
Versus
Sanjay Kumar Yadav – Respondent


Advocates:
For the Appellants : Mr. Sunil Kumar Pandey.
For the Respondents: Mr. Sanjay Singh.

ORDER

Heard Sri Sunil Kumar Pandey, learned counsel for the claimants/appellants and Sri Bimlesh Kumar Jha, learned counsel, who has appeared on behalf of Respondent no.2/ insurer of the offending vehicle.

2. The present appeal under Section 173 of the Motor Vehicle Act,1988 has been preferred against the Judgment dated 09.02.2010 and Award dated 17.02.2010 passed in Claim Case no.212 of 2006 by learned District Judge-cum- Claim Tribunal, Muzaffarpur (hereinafter referred to as the “Claim Tribunal”). By the said Judgment and Award, the learned Claim Tribunal, while allowing the claim petition, has directed the Respondent no.2/insurer of the offending vehicle to make payment of Rs. 1,62,500/- after deducting Rs.50,000/-, which was already paid as interim compensation under Section 140 of the Motor Vehicle Act, to the claimants. The Claim Tribunal further directed to pay interest @ 5 % per annum on the compensation amount from the date of filing of the claim petition till the date of its payment. The Claim Tribunal directed to send the compensation amount to the Branch Manager of the Bank to fix the entire amount in the Fixed Deposit monthly income scheme in the name of the claimants.










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