Syed Md.Mahfooz Alam, J.

1. This Miscellaneous Appeal has been preferred by National Insurance Company Limited against the judgment and award dated 14th August, 1997 passed by 4th Additional District & Sessions Judge - cum Addl. Motor Vehicle Accident Claim Tribunal, Bhagalpur in Claim Case No. 1 of 1997 whereby the Tribunal has been pleased to award Rs. 2,00,000.00 as compensation with interest at the rate 12% per annum from the date of filing of the claim petition to the applicants said to be dependents of deceased Shiv Shankar Mistri, who died in motor vehicle accident.

2. The brief facts of the case are as follows:

Shiv Shankar Mistri, the husband of respondent No. 1 and the father of respondent Nos. 2 to 9, was travelling in a Mahindra Maxi bearing registration No. B.H.J. 8979 on 8.6.1990. He was going to Bhagalpur from his village Jamin Phulbaria and when the said vehicle reached near village Tinpulia it turned turtle as a result of which the said Shiv Shankar Mistri sustained multiple injuries and he was taken to Jawahar Lal Nehru Medical College Hospital, Bhagalpur but he could not survive and breathed his last in course of his treatment. It is said that at the time of death the deceased Shiv Shankar Mistri was aged about 41 years and he was working as Skilled Motor Vehicle Body Builder, It is stated that the claimants are the heirs and dependents of deceased Shiv Shankar Mistri and due to untimely death the claimants have suffered mentally and monetarily and so on account of his death, the claimants have claimed a total compensation of Rs. 2,00,000/-.

3. The owner and the insurer of the vehicle (appellant National Insurance Company) appeared before the Tribunal and filed separate written statements in the case. As per the written statement of the owner, the accident in which the deceased Shiv Shankar Mistri had lost his life is not denied but it is stated that due to mechanical defect which was beyond the control of the driver, the accident had taken place. It has further been stated by the owner of the vehicle that the vehicle in question was insured under the National Insurance Company and as such, the Insurance Company is liable to indemnify the entire compensation, if any.

4. The National Insurance Company in its written statement has raised the plea that although the vehicle in question was insured under the Company but the Company is not liable to indemnify the compensation amount as the owner of the vehicle has violated the terms and conditions of the policy by not producing the owner book, road permit, fitness certificate, driving licence etc. before the Tribunal. The appellant has also raised objection that the amount claimed as compensation is also excessive.

5. From perusal of the judgment of the Tribunal it appears that on the basis of the pleadings of both the parties the Tribunal framed altogether seven issues in the case and after making full discussion on the abovementioned issues, the Tribunal held that the accident which took place on 8.6.1990 at village Tinpulia in which the deceased Shiv Shankar Mistri died, was caused due to rash and negligent driving of the driver of Mahindra Maxi bearing registration No. B.H.J. 8979. It further transpires that the Tribunal held that at the time of death, the deceased was a skilled Motor Vehicle Body Builder and his monthly income was Rs. 2000.00 and at that time he was aged about 41 years old and as such, the Tribunal assessed a total compensation of Rs. 2,24,000.00 besides Rs. 2000/-towards funeral expenses, Rs. 5000.00 towards loss of consortium, Rs. 2500.00 towards loss of estate and Rs. 2500.00 towards medical expenses, (total Rs. 2,33,500/-), However, the Tribunal awarded a total compensation of Rs. 2,00,000.00 only with interest at the rate of 12% per annum from the date of filing of the claim application on the ground that the claimants have claimed maximum compensation of Rs. 2,00,000.00 only. The Tribunal has further directed that the Insurance