ORDER

Heard Sri Ashok Priyadarshi, learned counsel, who has appeared on behalf of the appellant / Divisional Manager, Oriental Insurance Company, Muzaffarpur.

2. The present appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as ‘the Act’) , has been preferred against the judgment dated 22/8/2012 and award dated 2/9/2012 passed by learned Ad-hoc Additional District Judge 5th – cum- Motor Vehicle Claims Tribunal, Muzaffarpur, in M.V. Claim Case No.123 of 2008. By the said judgment and award the learned Tribunal, while allowing the claim case, has directed the appellant / insurer of the Bus bearing Registration No. BR06B/6606 (hereinafter referred to as the “offending vehicle”) to pay total compensation amount of Rs. 34,39,491/-.

3. Short fact of the case is that on 23/2/2008 in the night husband of respondent no. 1, namely, Niteshwar Thakur was dashed by the offending vehicle. The accident had occurred due to rash and negligent driving by the driver of the offending vehicle. The injured was carried to Magadh Hospital, Patna, who died on 26/2/2008. In view of death in a vehicular accident claim petition was filed under Section 166 and 140 of the Act for in