JUDGMENT :

Heard learned counsel for the parties.

2. This miscellaneous appeal arises out of the judgment dated 03.08.2016 passed by the learned 3rd Additional District and Sessions Judge-cum-Motor Vehicle Accident Claim Tribunal, Madhepura (hereinafter referred to as the ‘Tribunal’) in MACT Case No. 31 of 2011 whereby and whereunder learned tribunal has been pleased to direct the insurance company (the appellant) to pay a compensation of Rs. 19,97,480/- with interest thereon @ 9% per annum from the date of filing of the application to the claimants-respondent no. 1 to 3.

Brief facts and submissions on behalf of the appellant.

3. Mr. Durgesh Kumar Singh, learned counsel for the appellant has assailed the impugned judgment on various grounds. His first submission is that the learned tribunal has assessed a monthly income of Rs. 8190/- of the deceased by taking his daily earning at the rate of Rs. 273/-. Learned counsel submits that it is a case in which the deceased Ramesh Kumar @ Ramesh Kumar Swarnkar while driving a two wheeler was dashed by a tempo on 20.02.2011. He died in the s