PATNA, India, March 8 -- Patna High Court issued the following judgment on Feb. 5:

1. Heard Mr. Sumit Kumar, learned counsel for the appellant and Mr. Dhannjay Kumar, learned counsel for the claimant-respondent.

2. The present petition has been preferred for the following relief/s:

"against the order/judgment dated 11.02.2022 and Award dated 22.02.2022 passed in Claim Case No. 167 of 2010 by Learned Puneet Kumar Garg, Additional District Judge-III-cum-Motor Vehicle Accident Claim Tribunal, Muzaffarpur [here in after referred to as the Tribunal] by which the learned Tribunal has awarded compensation of Rs. 5,30,600/- with interest @ 06% annually in favor of Claimants/Respondents from the date of filing of the Claim Application till realization within 60 days. Any delay in realization of the said award after the lapse of 60 days would incur the interest of 7% per annum till realization."

3. As per the story, an accident took place on 02.06.2010 near Reliance Petrol Pump, in the district of Darbhanga. The claimant's son, Vakil Ahmad alongwith his friend was standing at a place where a Bullock Cart and a Ambassador Car were also stationed. In the meantime, a Truck bearing registration no. HR38K-6456 came in a negligent manner and dashed against the standing car. It, thereafter, fell down into 25 ft. deep ditch. Wakil Ahmad who was present there died on the spot, body taken to the Darbhanga Medical College and Hospital, Darbhanga for post-mortem and this followed Sadar P.S. Case No. 200 of 2010.

4. The family members, thereafter, preferred Claim Case No. 167 of 2000 which was taken up by the Court of learned Additional District Judge-IIIrd-cum-Motor Vehicle Accident Claim Tribunal, Muzaffarpur. The truck was insured with the appellant's company, the Oriental Insurance Company (henceforth for short 'the Company').

5. Notices were issued to the parties. The truck owner failed to appear while 'the Company' appeared and objected to the claim put forward by the claimant. It objected to the manner of the accident, income as also the fact that the cheque issued by the truck owner bounced, this followed the cancellation letters sent. The accident took place thereafter and as such 'the Company' is not bound by any liability to make payment.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MiMxOTMjMjAyMiMxI04=-nJsucZuHexQ=)

Disclaimer: Curated by HT Syndication.