D.N.UPADHYAY
National Insurance Company Limited – Appellant
Versus
Ishwar Chandra Mishra – Respondent
D.N. Upadhyay, J.
1. This appeal has been preferred against the judgment and award dated 27th November, 2004 passed by learned Additional District Judge, Fast Track Court-7th-cum-Motor Vehicle Accident Claim Tribunal, Giridih in connection with Claim Case No.13 of 1986, whereby the appellant-National Insurance Company Limited has been directed to pay compensation amount of Rs.3.23 lacs with interest @ 9% per annum from the date of filing of claim application till realization of the said amount.
2. The fact, in brief, is that the claimant-Ishwar Chandra Mishra on the date of incident i.e. on 14th May, 1986 was aged about 26 years. He was working under Bank of India at Giridih Branch. He was getting salary @ Rs.2,305/- per month from the employer-Bank of India.
On 14th May, 1986, at about 5:00 p.m. said Ishwar Chandra Mishra along with his companion-Ashok Kumar was coming from Bank of India, Doranda Branch on Hero Honda Motorcycle, bearing Registration No.BRY/5075 via Jamua Koderma Road. When the claimant reached near village Sakritand, P.S. Jamua, District Giridih, one Mahindra Jeep, bearing Registration No. BHM 8238, being driven rashly and negligently, caused dash to the mo
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