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2019 Supreme(Pat) 809

BIRENDRA KUMAR
Bibi Basrun Nishan wife of Abdul Wakil – Appellant
Versus
Managing Director, M/s Bihar State Road Transport Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Abdul Mannan Khan, Mr. Anamul Haque, Advocate
For the Respondent:Mr. P.K. Verma, Mr. Arvind Kumar, Mr. Ram Chandra Lal Das, Advocate

JUDGMENT :

Heard learned counsel for the parties.

2. Appellants are not satisfied with the quantum of award made by the 3rd Adhoc Additional District Judge-cum-Motor Vehicles Accident Claim Tribunal, Khagaria, in Motor Vehicles Claim Case No. 02 of 2008 by judgment and award dated 11.04.2004 and 25.04.2014 respectively.

3. The appellants are parents and two minor brothers of deceased Shakeib Alam, aged about 22 years, who died in a motor accident on 11.05.2007 as rash and negligent bus on which the deceased was a passenger fell into a river. There is no dispute that bus bearing registration No. BR-05P/0556 was involved in accident and the same was insured with insurer United India Insurance Company Limited covering the period of accident.

4. The claimants had claimed compensation of Rs.13,64,500/-whereas the Tribunal awarded Rs.2,02,500/-along with interest of 7% per annum from the date of appearance of the opposite parties i.e., 04.08.2008. The award would reveal that learned Tribunal did not accept the letter of appointment of the deceased as evidence (Exhibit-1) as proof of sa

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