I.A.No.5190 of 2013 has been filed to condone the delay in filing the appeal.

2. Heard the learned counsel for both the parties.

3. For the reasons stated in the limitation petition, the delay in filing the appeal is condoned.

4. I.A.No.5190 of 2013 stands allowed.

5. The insurer of the offending vehicle Indica Car bearing registration no.BR-9D-8678 has preferred this appeal against the judgment and award dated 20.06.2012 and 30.06.2012 respectively passed by the learned Ad-hoc Additional District Judge,1-cum-Motor Accident Claims Tribunal, Begusarai in Claim Case No.54/2010 by which the appellant has been directed to pay a sum of Rs.3,40,000/- with interest @ 8% per annum from the date of filing of the claim petition.

6. The father aged about 40 years and mother aged about 36 years of the deceased Durgesh Kumar, aged about 10 years filed the claim case for grant of compensation due to the death of his son Durgesh caused by rash and negligent driving of the aforesaid offending vehicle.

7. The opposite party no.1 (appellant) filed his written statement stating that this case is not maintainable and claimants have to prove the accident. The opposite party nos. 2 and 3 (owner an