Sunil Dutta Mishra, J.—

Re :- I.A. No.01 of 2024 (Limitation Petition)

This Interlocutory Application No.01 of 2024 has been filed for condonation of delay of 7 months and 4 days occurred in filing the instant miscellaneous appeal by the appellants.

2. This application is supported with the affidavit.

3. Learned counsel for the respondent has made objection to this application stating that there is inordinate delay.

4. Having heard learned counsel for the parties and considering the averments made in the application, and in the interest of justice, the I.A. No.01 of 2024 is allowed.

5. The delay in filing the instant Miscellaneous Appeal is condoned.

Re :- Miscellaneous Appeal No.1036 of 2017

6. Heard the learned counsel for the appellants as well as the learned counsel for the respondents.

7. This Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “Act”) on behalf of appellants for enhancing the compensation amount awarded to the appellants/claimants by the learned District Judge-cum-Motor Accident Claim Tribunal, Bhagalpur (hereinafter referred to as “learned Tribunal”) in Claim Case No. 62 of 2014 vide Judgment dated 13.12.2016 and award signed on 25.01.2017.

8. The learned Tribunal held that the appellants are entitled to receive Rs.6,24,000/- as compensation and accordingly the New India Assurance Company Ltd has been directed to make payment of the compensation amount as per the order forthwith, along with 8% interest per annum from the date of filing of the claim case till its realization of amount. The amount of Rs.50,000 paid by the Insurance Company as adinterim compensation shall be deducted from the principal amount as on the date of its payment and interest would be recalculated on the balance amount of the principal sum from such date.

9. The details of the calculation of compensation amount made by the learned Tribunal are as under:—

10. The brief facts of this case are that Mukesh Kumar on 01.01.2014 at about 19:45 hours, after finishing his work while returning towards his house near pipal tree of Mushari tola a Bus bearing registration No. BR-11E-7227 coming form the LIC Office was driven rashly and negligently manner dashed him due to which he sustained fatal injury and succumbed to injuries and died at Mayaganj Hospital. The police registered F.I.R. vide Kotwali (Barari) P.S. Case No. 02 of 2014 on the basis of fardbeyan of Anil paswan against the driver of the offending Bus under Section 279 & 304 A of IPC. Further, postmortem of dead was held along with other legal formalities and after investigation police submitted charge sheet under Section 279 & 304 A of IPC against driver (Mukund Chaudhary) of the offending Bus.

11. Claimant no.1 (wife of deceased), claimant no. 2 (mother of deceased), Claimant Nos.3 and 4 are minor children of the deceased have filed a claim case bearing Claim Case No. 62 of 2014 before the learned Tribunal claiming that the offending vehicle was driven rashly and negligently by the driver of offending Bus, which dashed the deceased causing instant death to him. O.P. No.1 is the Driver, O.P. No.2 is owner and O.P. No. 3 is the Insurance Company of the offending Bus respectively who are respondent No. 1, 2 and 3 respectively herein.

12. It is further claimed that the deceased was aged about 25 years at the time of occurrence, working as a head Raj Mistri and use to earn Rs.8,000/- per month by which he was maintaining