D.N. Upadhyay, J. - This appeal has been preferred by Kapildev Chaudhary (owner of the vehicle) against the judgment and award dated 17th March, 2010 passed by the 5th Additional District Judge cum Motor Accident Claim Tribunal, Dumka in Title Claim Suit No. 53/2008 whereby the appellant has been fastened with the liability to pay compensation to the extent of Rs.3,29,600/-besides the interim compensation of Rs.50,000/- already paid under Section 140 of the M.V. Act and awarded amount shall be distributed and deposited as per the direction given in the impugned judgment. It was further directed that the amount of compensation so awarded shall be paid within one month from the date of order failing which the appellant will have to pay 7% simple interest from the date of institution of the case till realization of the amount.

2. The facts in brief is that the deceased Faruk Ansari, Home Guard No.7850 was a member in the police patrolling party and in course of patrolling, the police Jeep stopped near Karma More. The deceased was going to ease himself and in course of crossing the road, he was caught under the wheels of a Truck which was being driven rashly and negligently and