IMPORTANT POINT
The court established that compensation in accident cases must reflect loss of dependency, age, and conventional heads as outlined in precedents, leading to a final compensation amounting to Rs. 5,40,000/-.

JUDGMENT :

The present Miscellaneous Appeal under Section 173 of the Motor Vehicles Act has been preferred by the appellants, who were Claimants before the Motor Accident Claim Tribunal, against the judgment/award dated 18.06.2013, passed by learned Additional District and Sessions Judge-XIV- cum-Motor Accident Claims Tribunal, Patna in Claim Case No. 31 of 2010, whereby learned Tribunal has awarded the compensation of Rs. 2,73,500/- to the Claimants, who are appellants herein, payable by the Insurance Company, who is Respondent No. 3 herein, along with interest @ 6% per annum from the date of filing of the claim case i.e. 19.01.2010. The appellants have filed this appeal for higher amount of compensation. However, they have already received the total amount of the compensation with protest from the Insurance Company (Respondent No.3 herein) as granted by learned Tribunal by the impugned award.

2. The factual background of the case is that the Claimants (appellants herein) filed a claim case bearing No. 31 of 2010 for compensation of Rs. 3,00,000/- against the owner and driver of the Mini Bus bearing Registration No. BR-21B- 6744 viz., Rajiv Ranjan Kumar and English Prasad respectively and the Oriental Insurance Company Ltd. (Respondent No. 3 herein) on account of death of one Ameriki Devi in the motor accident involving the said Mini Bus on 13.11.2008. Claimant No.1, Sahdeo Prasad is husband, whereas the rest two claimants are sons of the deceased Ameriki Devi.

3. As per the case of the claimants, the said Ameriki Devi along with her son Rajiv Ranjan was traveling in the said Mini Bus, but on account of altercation between Rajiv Ranjan and conductor of the said Mini Bus, in regard to fare, Rajiv Ranjan was thrown out of the bus by the conductor and he was ran over by the bus. With intent to save her son, Ameriki Devi also got down from the bus, getting multiple injuries and ultimately died on way to PMCH for treatment. Ameriki Devi is stated to be 50 years of age at the time of death and she was having monthly income of Rs. 3,000/- from a milk business. As per the claim petition, the accident has taken place near Chilka of Kanupipar village on 13.11.2008 at about 06:30 AM, situated in Chandi police station, Nalanda. As per claim of the Claimants, the offending Mini Bus was insured by the Oriental Insurance Co. Ltd. (Respondent No. 3).

4. On account of the accident, Chandi P.S. Case No. 199 of 2008 was registered on 04.12.2008 for offence punishable under Sections 279 and 304(A) of the Indian Penal Code and after investigation, charge-sheet bearing No. 131 of 2009 dated 19.08.2009 was submitted against the driver of Mini Bus, English Prasad, for offence punishable under and 304(A) of the Indian Penal Code.

5. On notice, the owner and driver of the vehicle did not appear and they were proceeded ex-parte. However, the Insurance Company appeared and filed one application under Section 170 of the Motor Vehicles Act for permission to contest the claim petition, which was allowed by learned Tribunal vide order dated 03.04.2012. The Insurance Company filed its written statement contesting the claim petition.

6. On the basis of the pleading of the Claimants and the Insurance Company, the following issues were framed:

“(i) Whether the claim case as framed is maintainable?

(ii) Whether the accident took place on 13.11.2008 near Chilka Village Kanu Pipra P.S. Chandi, Dist. Nalanda due to rash and negligent act of conductor of vehicle number BR-21B-6774?

(iii) Whether the accident took place due to rash and n