Prakash Chandra Jaiswal, J.

Heard learned counsel for the appellants and learned counsel for the respondents on this Miscellaneous Appeal.

2. This miscellaneous appeal has been preferred against the judgment dated 13.02.2012 and award dated 29.02.2012 passed by learned Additional District Judge-FTC-3rd-cum-Motor Vehicle Accident Claim Tribunal, Nalanda in Claim Case no. 48 of 2007 whereby the learned Tribunal allowing the claim petition filed by the claimants, directed the O.P. no. 2 United India Insurance Company Limited to pay compensation to the tune of Rs. 4,20,000/- along with interest @ 6% per annum from the date of filing of the claim case till its realization to the claimants with liberty to recover the amount of compensation from the owner of the offending vehicle after its payment in due course of law.

3. Factual matrix of the case is that Claim Case no. 48 of 2007 was filed by the claimants-appellants under Section 166 of the M.V. Act on account of death of Nutan Kumari in motor vehicle accident with the case in succinct that on 10.03.2007 at around 1 P.M. said Nutan Kumari was proceeding from Dariyachak to Sheikhpura on motorcycle along with her brother. As soon as, she arrived near Tatipul, a truck bearing registration no. AS-25B-3051 being driven rashly and negligently by its driver arrived there and dashed the aforesaid motorcycle from rear side. Resultantly, Nutan Kumari fell down from the motorcycle and was run over by the said truck resulting into her death on the spot. The aforesaid accident took place due to rash and negligent driving of the offending vehicle by its driver at the relevant time of accident. Regarding the aforesaid accident, Sheikhpura P.S. Case no. 50 of 2007 was instituted under Sections 279, 337 and 304(A) of I.P.C against the driver of the offending vehicle. The deceased was aged about 31 years at the time of accident and she was teacher in Bal Vikash Academy, Thana Road, Harnaut and used to get salary Rs. 3000/- per month from the said vocation. The offending vehicle was insured by the O.P. no. 2 United India Insurance Company Ltd. at the relevant time of accident.

4. O.P. nos. 2 put its appearance in the case and filed written statement while case proceeded ex-parte against the O.P. no. 1. Claimants adduced ocular as well as documentary evidence in buttress of their case.

5. After hearing the parties and perusing the record, learned Tribunal passed the impugned judgment and award as detailed in the earlier paragraph.

6. Being aggrieved and dissatisfied with the aforesaid judgment and award, the claimants have preferred the present appeal.

7. It is submitted by learned counsel for the appellants that as the deceased Nutan Kumari was teacher in the school, she was fixed salaried person and was aged about 31 years at the time of her death, so in view of the judgment of Hon'ble Apex Court rendered in National Insurance Company Ltd. Vs. Pranay Sethi and Ors., (2017) 4 PLJR 261, 40% of the income of the decease as future prospect ought to have been granted, but learned Tribunal has wrongly and illegally not granted the same. It is further submitted that the amount of compensation awarded towards other traditional heads by the learned Tribunal is very paltry and is not in view of decision of Hon'ble Apex Court rendered in National Insurance Company Ltd.

8. On the other hand, learned counsel for the respondents submitted that the husband of the deceased does not happen to be dependent on her, hence, he is not entitled to get any compensation and also compensation in lieu of loss of consortium.

9. On perusal of record, it appears that the deceased Nutan Kumari has died in the motor vehicle accident. She was aged about 31 years at the time of accident and was teacher in Bal Vikash Academy, Thana Road, Harnaut and used to get salary Rs. 3000/- per month from the said vocation. Learned Tribunal has also assessed the age and salary of the deceased as 31 years and Rs. 3000/- per month respectively.