Aditya Kumar Trivedi, J. – Instant appeal has been preferred in accordance with Section 173 of the M.V. Act against the judgment dated 07.09.2010, award dated 27.09.2010 passed by IIIrd Additional District Judge cum Additional Motor Vehicle Accident Claims Tribunal, Bhagalpur in Claim Case no.23 of 1995 whereby and whereunder allowing the claim petition, the learned Tribunal directed the appellant/opposite party no.3 to pay Rs.1,70,200/- in lieu of compensation. The amount appertaining to Rs.50,000/- so paid under the guise of Section 140 of the M.V. Act has been directed to be deducted and remaining amount, appertaining to Rs.1,20,200/- has been directed to be paid within thirty days along with an interest at the rate of 6% per annum from the date of institution of the case.

2. On account of death of Md. Rauf Khan, on 22.02.1995 at about 07:00 AM, his legal heirs filed Claim Petition No.23 of 1995 against the owner, driver, insurance company and for that, divulged that Mukesh Choudhary, driver while driving the tractor bearing registration no. BR-10A 1028 in rash and negligent manner ultimately cost life of Md. Rauf at the spot while others also sustained injury. During course ther