JUDGMENT :

Heard learned counsel for the parties.

2. Present miscellaneous appeal has been preferred by the appellant being aggrieved and dissatisfied with the judgment/award dated 30.07.2018 passed by Mr. Ghulam Haidar, learned District Judge-II-cum-P.O., M.A.C.T., Bermo at Tenughat in Motor Vehicle Claim Case No.60 of 2004, whereby and whereunder an award of Rs.3,24,314/-along with simple interest @ 7 % per annum has been passed in favour of the claimant/respondent no.1 under Section 166 of the Motor Vehicles Act, 1988.

3. Factual Matrix of the case giving rise to the appeal is that on 24.11.2003 at about 8 A.M., the claimant Vijay Kumar Jaiswal along with one Basant Kuamr Singh was going on a motorcycle bearing registration no.Jh-10B-5772 from Shopping Centre at Dugda, District-Bokaro to the Mandir Colony, Dugda. The claimant was a pillion rider. It is alleged that when the motorcycle reached near the Mandir Colony, all of a sudden opposite party No.1, Awadhesh Kumar Tiwary(appellant) driving white Ambassador car bearing registration No.WGM-1857 in rash and negligent manner coming from opposite direction dashed the motorcycle, due to which, claimant and the said Basant Kumar Singh