IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.1188 of 2016 ======================================================

1. Manju Devi Wife of Late Baliram Singh @ Purnawasi Singh R/o Village-

Chitauli, P.S.- Sasaram, District- Rohtas.

2. Pinki Kumari, Daughter of Late Baliram Singh @ Purnawasi Singh R/o Village- Chitauli, P.S.- Sasaram, District- Rohtas, under the guardianship of Manju Devi, Mother and Natural Guardian.

3. Batar Kumar, Son of Late Baliram Singh @ Purnawasi Singh R/o Village-

Chitauli, P.S.- Sasaram, District- Rohtas, under the guardianship of Manju Devi, Mother and Natural Guardian.

4. Muni Kumari, Daughter of Late Baliram Singh @ Purnawasi Singh R/o Village- Chitauli, P.S.- Sasaram, District- Rohtas, under the guardianship of Manju Devi, Mother and Natural Guardian.

... ... Appellants Versus

1. United India Insurance Company Ltd. through its Branch Manager, nearest Branch Office, G.T. Road, Sasaram, District- Rohtas, (Insurer of the vehicle).

2. Smt. Urmila Devi, Wife of Jai Prakash Singh R/o Village Jagdishpur, P.S.-

Dinara, District- Rohtas, (Owner of Vehicle).

... ... Respondents ======================================================

Appearance :

For the Appellant/s : Mr. Siddharth Harsh, Advocate.

For the Respondent/ No.1 : Mr. Ashok Priyadarshi, Advocate.

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR

CAV JUDGMENT

Date : 11-11-2025 The present Miscellaneous Appeal under Section 173 of the Motor Vehicles Act has been preferred by the Appellants, who were Claimants before the Motor Vehicles Accident Claim Tribunal, against the judgment/Award dated 18.01.2016 passed by learned District Judge-cum-Motor Vehicles Accident Claim Tribunal, Rohtas at Sasaram, in M.V. Claim Case No. 96 of 2013 whereby learned Tribunal has awarded total compensation of Rs.05,01,500/- along with interest @ 9 % per annum from the date of filing of the Claim Case till its payment. The compensation has been directed to be paid by the insurance company/Respondent No.1 herein to the Claimants/Appellants herein. The share of the minor Claimants - Claimant Nos. 2, 3 and 4/Appellant Nos. 2, 3 and 4 herein have been directed to be deposited in a nationalized Bank under the Fixed Term Deposit Scheme, payable to them on their attaining majority.

2. The Claim Case was filed by the Appellants before the Motor Accident Claims Tribunal, on account of death of one Baliram Singh @ Purnawashi Singh in a Motor Accident. The Appellant No. 1, Manju Devi/ Claimant No. 1 is widow of the deceased Baliram Singh @ Purnawashi Singh, whereas Appellant Nos. 2, 3 and 4/Claimant Nos. 2, 3 and 4 are daughters and son of the deceased.

3. Being dissatisfied with the quantum of the compensation, the Claimants have filed the present Appeal seeking higher compensation than what has been granted by learned Motor Accident Claims Tribunal, Rohtas at Sasaram.

4. The facts of the case are that the Claimants, who are Appellants herein, filed the M.V. Claim Case No. 96 of 2013 for compensation of Rs.22,00,000/- against Urmila Devi who is the owner of the offending Bolaro vehicle bearing Registration No. UP67K/6747, Engine No. GHD4A63164, Chassis No. D5B47258 and she is Respondent No. 2 herein. The Insurance Company who is Respondent No. 1 herein was also impleaded as Opposite Party No. 2 before the Tribunal.

5. As per the case of the Claimants/Appellants, deceased Baliram Singh @ Purnawashi Singh was going to Sonebarsha from his house by Hero Honda Passion Pro Motorcycle along with his uncle namely, Chandrama Singh. When they reached near village Parmanpur on N.H. 30 at around 7:45 A.M., one Bolero vehicle, bearing no registration number and being driven rashly and negligently by its driver, coming from the side of Arrah, dashed the Motorcycle. Consequently, both the riders fell down on the ground and sustained grievous injuries. The said Baliram Singh @ Purnawashi Singh succumbed to his injury and Nawanagar P.S. Case No. 163 of