IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.444 of 2013

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The Manager National Insurance Company Ltd. Madhepura through Sri

Anjani Kumar A.O. Cum and Duly constituted Attorney National Insurance

Company Ltd. Regional Office 4^th Floor Sone Bhawan B.C. Patel Road P.O.

G.P.O., P.S. Sachiwalaya, Patna, Dist.-Patna

... ... Appellant/s

Versus

1.

Veena Singh W/O Late Amarnath Singh Resident Of Wardno. 18, Mohalla

Vidhyapuri, P.S And District- Madhepura.

2.

Rishi Singh S/O Late Amarnath Singh Resident Of Wardno. 18, Mohalla

Vidhyapuri, P.S And District- Madhepura.

3.

Ritu Singh D/O L Ate Amarnath Singh Resident Of Wardno. 18, Mohalla

Vidhyapuri, P.S And District- Madhepura.

4.

Runa Singh W/O Rishi Singh Resident Of Wardno. 18, Mohalla Vidhyapuri,

P.S And District- Madhepura.

5.

Arunabh Singh S/O Rishi Singh Resident Of Wardno. 18, Mohalla

Vidhyapuri, P.S And District- Madhepura.

6.

Sanajy Kumar S/O Tej Narayan Yadav Resident Of Village Patharaha, P.S-

And District- Madhepura.

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr. Ashok Priyadarshi, Advocate

For the Respondent/s

:

Mr. Amandeep Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA

ORAL ORDER

28

14-09-2023

This Miscellaneous Appeal has been filed against the

judgment and award dated 04.12.2012 and 14.01.2013

respectively passed by learned Additional District Judge, Motor

Accident Claims Tribunal, Madhepura in Claim Case No. 23 of

2010 whereby Claimant Nos. 1 and 3 were found entitled to get

compensation for vehicular accidental death of deceased and

Insurance Company appellant was directed to pay compensation

amount of Rs. 41,68,880/- with 6 per cent simple interest over

Patna High Court MA No.444 of 2013(27) dt.14-09-2023

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the same from the date of filing of the claim i.e. 11.06.2010 till

the realization from the Insurance Company and payment to the

Claimant Nos. 1 and 3.

2. This appeal is preferred by the Insurance Company

mainly on two grounds:-

(A). The accident so caused by an unknown vehicle

thereby the case will come into the ambit of Section 161 Motor

Vehicle Act, 1988.

(B).

The award has been calculated without deducting

the income tax from the gross income of the deceased.

3. The case of the claimants, in short, is that Dr. Amarnath

Singh (deceased) aged 58 years on the date of the accident i.e.

14.03.2009, while travelling with his daughter-in-law, namely,

Runa Singh and grandson by their own car bearing Registration

No. BR-10F-164 to Saharsa met with an accident due to rash

and negligent driving fo the driver of the Truck bearing

Registration No. BR-11D-7438 near Ganesh Asthan

(Madhepura) at about 04:30 am in the morning. All the

occupants of the car sustained grievous injury and were brought

to the Sadar Hospital where Dr. Amarnath Singh was declared

dead and the injured Runa Singh and Nishu were referred to

Patna for better treatment. FIR was lodged by the brother of the

deceased, namely, Dharmanth Singh under Sections 279, 304A,

337 and 338 of Indian Penal Code as Madhepura P.S. case No.

Patna High Court MA No.444 of 2013(27) dt.14-09-2023

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91 of 2009 dated 14.03.2009.

4. The claim petition has been filed by wife of the

deceased namely Veena Singh, two children namely Rishi Singh

and Ritu Singh, daughter-in-law namely Runa Singh and

grandson namely Arunabh Singh under Section 166 of Motor

Vehicle Act.

5. The case of the claimants, in short, is that the deceased

Dr. Amarnath Singh died on 14.03.2009, when he was going on

a car with his family, in vehicular accident near Ganesh Asthan

situated at Madhepura caused by rash and negligent driving of

the driver of truck bearing No. BR-11D-7438 and F.I.R. was

registered under section 279, 337, 338 and 304A of Indian Penal

Code. It