MISCELLANEOUS APPEAL NO. 337 OF 2006 ******** Against the order dated 25.7.2006 passed in claim case no. 22 of 2001 by the Ist Additional District Judge, Madhubani cum Motor Accident Claim Tribunal ****** THE NEW INDIA INSURANCE COMPANY LTD, BRANCH OFFICE NEAR DEEPAK HOTEL, HOSPITAL ROAD, MADHUBANI, P.O./ P.S./ DISTRICT: MADHUBANI, APPEAL THROUGH ADMINISTRTATIVE OFFICER, REGIONAL OFFICE, NATIONAL INSURANCE COMPANY LIMITED, 4TH FLOOR, SONE BHAWAN, BIRCHAND PATEL MARG, PATNA. …………….. Opp. Party /Appellant Versus 1. RANI DEVI W/O LATE RADHESHYAM JHA 2. DEEPAK KUMAR S/O LATE RADHESHYAM JHA (MINOR, UNDER THE GUARDIANSHIP OF MOTHER RESPONDENT NO. 1) 3. MANJULA DEVI W/O LATE INDRA KANT JHA 4. SHAMBHU JHA S/O LATE INDRA KANT JHA ALL R/O VILLAGE/P.O./P.S.- RAHIKA, DISTRICT- MADHUBANI. ………………. Applicants/ Respondents 5. KAMAL KUMAR DHANUKA S/O RAM GOPAL DHANUKA R/O NORTH MARKET ROAD, UPPER BAZAR, RANCHI (OWNER) ………… Opposite Party/ Respondent 6. BIRENDRA PANDEY S/O BINDHAYACHAL PANDEY R/O VILLAGE BISHUNPUR P.S. JALALPUR, DISTRICT- CHAPRA. (DRIVER) ……………Opposite Party/ Respondent ************ P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. This appeal is directed against the order dated 25.7.2006 passed by Ist Additional District Judge, Madhubani cum Motor Accident Claim Tribunal in Claim Case No. 22 of 2001, by which the appellant has been directed to pay a sum of Rs. 50,000/- as interim compensation to the claimant under Section 140 of the Motor Vehicles Act, with rate of interest 5% from the date of the order. 2. The learned counsel for the appellant has contended that the claimant has raised a bogus claim since at the same time she had claimed that her husband had died at Gidhi on 25.10.1997 and has produced a death certificate issued from Madhubani dated 29.10.1997 in this regard. 3. The Lower Court record were called for in this case which I have personally perused and I find initially when the accident took place the driver of the truck, of which the deceased was the Khalasi, reported the accident and referred to the deceased as “Jha Ji” resident of Rahil village and district: Madhubani. Thereafter, the investigating officer was directed by his superior officer to ascertain the name of the deceased and on such ascertainment the Investigating Officer confirmed that the deceased was Radhey Shayam, the husband of the claimant. 4. Under the circumstances, I see no merit in the appeal, the same is dismissed. 5. The statutory amount of Rs. 25,000/- deposited before this court is directed to be remitted to the court below for an early disbursement to the claimant as part of the compensatory amount within a period of two months from the date of receipt of this order. 6. The Tribunal is also directed to make an inquiry with regard to the proceedings under Section 166 of Motor Vehicles Act, and pass appropriate order within nine months from the date of receipt of the order. The Lower Court record be also returned to the court concerned immediately. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 24th February, 2011 NAFR/ Fahad.