IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.523 of 2007 Chandani Kumari minor daughter of Sushil Mishra (under guardianship of her father Sushil Mishra) S/o Late Rajendra Mishra, resident of Village Srikhandi Bhitta @ Bhitta P.S.Sursand, District-Sitamarhi. ……Applicant-Appellant. Versus 1. The New India Insurance Company Ltd Ghatshil East Shinghbhum, Jharkhand. 2. Shiv Ratan Shukla S/o unknown village + P.S.+P.O.- Chorant, District-Sitamarhi. 3. Ravi Paswan S/o Ganeshi Paswan, resident of village- Amarpur, P.S.Pupari, District-Sitamarhi. …. Opposite parties-Respondents. For the appellant : M/s. Sharda Nand Mishra & Ashok Kumar Jha, Advocates. For respondent no.1 : Mr. Sanjay Singh, Advocate. ----------- 05. 19/02/2010 I.A.No.1719 of 2009 This is an application for condonation of delay in preferring the appeal. Having heard Mr.Sharda Nand Mishra, learned counsel for the appellant and Mr. Sanjay Singh, learned counsel for the insurer, I am of the view that sufficient grounds do exist for condoning the delay and, accordingly the delay in filing the appeal is condoned. The interlocutory application stands disposed of. - 2 - M.A.No.523 of 2007 Heard. Mr. Sharda Nand Mishra, learned counsel for the appellant and Mr. Sanjay Singh, learned counsel for the insurer. In this appeal the challenge is to the order dated 24th March, 2007 passed by the Motor Accident Claim Tribunal, Sitamarhi in Claim Case No.01 of 2003, whereby the Tribunal has awarded a sum of Rs.40,000/- for the death of a minor child aged about six years. In course of hearing, learned counsel for the parties fairly stated that they have no objection if the award is enhanced to Rs.1,50,000/- with the stipulation that the differential sum shall be deposited before the tribunal within three months from the date of receipt of the order passed today failing which the said amount shall carry 6% interest per annum from the date of presentation of the application before the tribunal till the date of deposit. Recording such concession, the appeal is allowed in part and the award stands modified accordingly. No order as to costs. Sunil (Dipak Misra, C.J.)