JUDGMENT :

Heard Mr. G.C. Jha, the learned counsel appearing on behalf of the appellant/Insurance Company and Mr. Birendra Kumar, the learned counsel appearing on behalf of the respondent-claimant.

2. Being aggrieved and dissatisfied with the judgment/award dated 23.05.2017 passed by learned 2nd Additional Sessions Judge- cum- Motor Accident Claims Tribunal, Deoghar in Motor Accident Claim Case No.18 of 2015, the present application has been preferred by the appellant/ Oriental Insurance Company.

3. The claim petition was filed under section 166 of Motor Vehicles Act, 1988 by the wife of the injured namely, Mithun Kumar Pandit. The respondent no.2 filed the said application stating that one Sohan Pandit has lodged the fardbeyan at Sadar Hospital at Deoghar on 02.05.2014 at 12.15 p.m stating that he is admitted in Sadar Hospital, Deoghar at bed no.6 and further stated that on 01.05.2014 that his wife was referred to Sadar Hospital at Deoghar for better treatment because she was suffering from serious headache and on that day she was coming from Bolero Jeep of which the number was not known to him and just he has come forward about 04 Kilometers from Sarath. It was about 5 O’clock of the morning hours, the driver of Bolero Jeep had stopped the vehicle by the side of the road and was removing some mechanical problems and in the meantime, a Tata Sumo Jeep coming from opposite direction in a rash and negligent speed dashed against the standing Bolero vehicle in which this informant was sitting. By this accident this informant along with his four family members become seriously injured and nearby persons assembled there and by an ambulance he was brought to Sadar Hospital, Deoghar where he had been admitted and he is under treatment and pursuant to that, Sarath Mudhupur Sarath P.S.Case No.42 of 2014 dated 05.05.2014 was registered against the driver of Tata Sumo Jeep bearing registration no.JH04G8398 and after investigation the police submitted charge sheet against Anwar Ansari the driver of the Tata Sumo vehicle bearing registration No.JH 04G 8398 and thereafter the cognizance was taken. It was stated that injured Mithun Kumar Pandit received head injury, the injury in his chest which was such a serious injuries that his both legs have been fractured, the bone of his waist has been fractured, the bone of his mandible has also been fractured. He was treated at several sophisticated hospital however the ailment has not been cured. It was stated that Mithun Kumar Pandit moves on wheel chair and he has not been able to do any work and even the daily routine work, he was not able to do.

4. The learned Tribunal has framed the issues and considering the documents as well as the oral evidence has passed the award directing the insurance company to pay a sum of Rs.32,54,260/- and interest @ 7.5% quarterly compoundable to claimant in compensation for the injuries caused to Mithun Kumar Pandit and further directed that 50% of the total amount of compensation will be fixed in the fixed deposit in the name of the injured namely, Mithun Kumar Pandit for a period of ten years in any nationalized bank and rest of the amount was directed to be handed over to the claimant who is the wife of the injured to better look after of the said injured. Aggrieved with this, the insurance company has preferred this appeal.

5. Mr. G.C. Jha, the learned counsel appearing on behalf of the appellant-Oriental insurance company at the outset submits that the injured was alive and in view of that, the claim application by his wife is not maintainable and he refers to section 166 of the Motor Vehicles Act, 1988, particularly, sub-section (a) and (e) of the said section of Motor Vehicles Act, 1988. He draws the attention of the two orders passed by the coordinating Bench of this Court in the present appeal order dated 28.11.2017 and 04.05.2022 and submits that considering this aspect of the matter observation is there as to how the appeal is maintainable by the wife under s