JUDGMENT :

This appeal arises out of Judgement/Award dated 17.05.2016, passed by District Judge - IX- cum - M.A.C.T. Judge, Dhanbad in Title (M.V.) Suit No. 305/2010 whereby and whereunder claim application filed by the claimants/plaintiffs has been allowed and defendant no. 2/united India Insurance Co. Limited has been directed to make payment of Rs.3,06,500/- (Rs. Three Lacs Six Thousand Five Hundred Only) to the plaintiffs alongwith interest payable @9% per annum from the date of filing till the date of its realisation, within a period of one month.

2. Claim application was preferred by plaintiffs under Sections 140 and 166 of Motor Vehicle Act for grant of compensation of Rs.5,86,000/- due to death of their son – Tabrej Ansari alleging therein that on 26.06.2010, at about 9:30 p.m., deceased was travelling in a Tempo bearing registration no. JH-10R 5153. The driver of the said vehicle was driving the vehicle very rashly and negligently, as a result of which, the tempo in question fell down on the road and consequent thereto, Tabrej Ansari died on the spot. On the basis of fardbeyan of the informant Hamid Mian (father of the deceased), Jharia P.S. Case No. 199/2010, dated 26.06.