Jitendra Kumar, J.—The present Miscellaneous Appeal under Section 173 of the Motor Vehicles Act has been preferred against the judgment/award dated 25.04.2017 passed by learned District Judge-cum-Chairman, M.A.C.T, Purnea in Claim Case No. 4 of 2016, whereby learned Tribunal has directed the Appellant, Insurance Company to pay compensation of Rs. 26,45,836/- to the Claimants who are Respondent nos. 1 to 5 herein along with the interest @ 8 per cent per annum.

2. The factual background of the case is that the claim case bearing No. 4 of 2016/C.I.S. No. 4 of 2016 was filed against the two persons, Anil Kumar (O.P. No.1)/owner of the vehicle and New India Assurance Company Limited/O.P. No.2/insurer of the offending vehicle, by the Claimants (Respondent nos. 1 to 5 herein) for compensation, arising out of death of one Dharmendra Kumar, son of Rash Mohan Mishra, who is the Respondent No.5 herein.

3. As per the averment made in the claim petition, the son of the informant, Dharmendra Kumar met with an accident involving an Indica car bearing registration no. BR- 11R/3303 near cold storage situated in Sadar Muffasil police station in Purnea district, Bihar. On account of the injury sustained during the accident, Dharmendra Kumar died in course of treatment. Subsequently, Sadar (Muffasil) P.S. Case No. 3 of 2016 was registered on 5.01.2016 for the offences punishable under Sections 279, 337, 338 and 334 of the Indian Penal Code against the driver of the offending car. It was further stated that the offending vehicle was insured by the Appellant herein, New India Assurance Company Limited. As per the further claim of the Claimants, the deceased was aged about 33 years, having monthly income of Rs. 17,500/- as being employee of Alkem Laboratories Limited, Wivision Alpha. Total Rs. 37,80,000/- was claimed by the Claimants towards their compensation.

4. On notice the owner of the vehicle, Anil Kumar, who is the Respondent No.6 herein, appeared and filed his written statement contesting the claim petition of the Claimants pleading that the accident had taken place on account of rash and negligent driving of the driver, Rajiv Kumar Mandal. He also pleaded that he was owner of the vehicle and the and the vehicle was being plied with authorization and it was insured with the Appellant, New India Assurance Company Limited at the relevant time vide policy no. 54080431150100001785 valid from 14.08.2015 to 13.08.2016 and the driver, Rajiv Kumar Mandal was also holding a valid driving license. Hence, the owner of the vehicle has claimed that he is not liable to pay compensation. The liability of paying compensation is that of the Insurance Company.

5. The insurance company, New India Assurance Company Limited also appeared and filed its written statement contesting the claim petition pleading that the claim petition is not maintainable on account of mis-joinder and non-joinder of the parties. However, insurance of the vehicle by the insurance company was admitted. It was also pleaded that the insurance company is not liable to pay the compensation because there was violation of the terms and conditions of the insurance policy. It was also pleaded that the driver of the vehicle was not holding valid driving license. It was also pleaded that on account of non-impleadment of the driver, the claim petition was not maintainable and the claimed compensation was on the higher side.

6. It is also relevant to mention that the application of the insurance company under Section 170 of the Motor Vehicles Act was allowed by the Claim Tribunal to contest the claim petition, vide order dated 07.04.2017.

7. On the basis of the pleadings of the parties, the following five issues were framed:—

“(i) Whether the applicants have got any cause of action or right to file the claim case?

(ii) Whether the claim case, as filed is legally maintainable ?

(iii) Whether the deceased Dharmendra Kumar died in an accident caused due to rash and negligent driving of car bearing Registratio