JUDGMENT :

1. Heard the parties.

2. This appeal has been preferred against the judgment and award dated 30.08.2008 passed by the 1st Additional District Judge-cum-Presiding Officer, Additional Claims Tribunal, Hazaribagh in Claim Case No.64 of 2003 by which the learned Tribunal directed the appellant-insurance company to pay half of the amount of Rs.7,20,000/- after deducting the amount as already paid under Section 140 of the M.V. Act to the claimant, through an account payee cheque with an interest at the rate of 6% per annum from the date of filing of the claim petition within one month from the date of the said judgment and award dated 30.08.2008 to the respondent-claimants.

3. The brief facts of the case is that the deceased –Rameshwar Prasad Singh @ Ramesh Prasad Singh on 08.02.2001 while riding a borrowed motorcycle of the owner, the motorcycle was hit by a scooter which scooter was being rashly and negligently driven and by such motorcycle accident, the deceased fell down and sustained injuries and succumbed to the injuries. The appellant-insurance company is the insurer of the Hero-Honda Motorcycle. The insurance policy concerned is a ‘Motorcycle Policy B Act With Theft’. I