JUDGMENT :

Subhash Chand, J.

The instant miscellaneous appeal has been directed against the judgment/award dated 28.01.2011 passed by the learned District Judge-cum-M.A.C.T., Godda in M.A.C.T. No.43 of 2009 whereby and whereunder the learned Tribunal awarded the amount of Rs.8,05,780/- alongwith simple interest @ 6% per annum from 22.12.2009 till its realisation within 30 days from the date of award payable by Insurance Company/appellant herein.

2. The brief facts leading to this Miscellaneous Appeal are that the claim petition was filed with these averments that on 18.11.2006 at about 3:30 pm deceased Nand Kishore Paswan alongwith his wife Ratan Devi, the claimant no.1 in claim petition, boarded the tempo bearing registration no. BR-34A-0197 at Usary Registry Chowk and was going to house at Rupani. Amid the way 300 yards from the Registry Chowk near the village Barichak at Maheshkhut-Gogari Pacci Road, the jeep bearing registration no. HR-01J-8110 being rashly and negligently driven by its driver dashed the tempo. As a result of the said accident Nand Kishore Paswan sustained serious injury who was referred to hospital Gogari. Police also recorded the statement in course of treatment