MISC. APPEAL No.195 OF 2009 ********* In the matter of an application under Section 173 of Motor Vehicle Act. ********* THE ORIENTAL INSURANCE COMPANY LTD. Through the Branch Manager, the Oriental Insurance Company Ltd. Branch Sakamapul, Darbhanga…..Opposite Party No.3/Appellant Versus 1. SMT. SHEELA CHOUDHARY, W/o Late Krishna Murari Choudhary @ Murari Choudhary. 2. Smt. Shail Devi, W/o Shri Bishmabhar Choudhary. Both R/o Village & P.O.-Lagma, P.S. Sakatpur, District- Darbhanga (Truck Owner)------Claimants/Respondents *********** For the Appellant : Mr. Barun Kumar Choudhary, Adv. For the Respondent : Mr. Durga Nand Jha, Adv. *********** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ************ Anjana Prakash, J. The appellant is aggrieved with the Judgment dated 16.06.2008 and Award dated 18.06.2008 passed by Additional District Judge, F.T.C.-IV cum Motor Accident Claims Tribunal passed in Claim Case No. 50 of 2002 by which the appellant has been directed to pay Rs. 8,35, 883/- with interest @ nine per cent per annum on Rs. 5, 75,000/- to the Respondent Nos. 1 and 2. Learned counsel for the appellant submits that the judgment and award are bad on two grounds firstly that the compensation granted to the Respondent Nos. 1 and 2 are excessive and the second is that there was no effort by the Tribunal to enquire into the matter as to whether the deceased had himself contributed to the accident. On going through the records of the case, I find that right from the beginning it was made out that while the 2 deceased was driving on the motor-cycle on the left side the truck suddenly came and hit him on account of which he fell down on the road side and truck crushed him and sped away. It also transpires that nowhere in the written statement filed by the appellant had such a plea been taken by the Insurance Company or that the Insurance Company with which earlier the motor-cycle or the motor-cyclist also be added as an Opposite Party. Under the circumstances, the point that the deceased had contributed to the accident can not be permitted to be raised at this stage nor is it open for determination. Further, on going through the reasons upon which the compensation has been computed, I find that no illegality has been committed by the Tribunal nor is it excessive as per the present standards. In view of such, I find no merit in appeal. The appeal is dismissed. The appellant is directed to pay the compensation amount within a period of eight weeks form the date of receipt of this order in the Court below. The Appellant is permitted to withdraw Rs. 25,000/- which is the statutory amount of the appeal for the needful. Lower Court Records be remitted to the Court below. Patna High Court, Patna, Dated the 7th February, 2011. NAFR/Vikash/- (Anjana Prakash, J.)