The court emphasized the importance of considering dependency and future prospects in determining compensation for fatal accidents. Additionally, lack of valid permit and fitness for the offending vehicle can exonerate the Insurance Company from liability.

ORDER :

Since both these appeals arise out of the same award dated 24.10.2016 passed by Motor Accident Claims Tribunal, Katghora, (for short “Tribunal”) District Korba in Claim Case No. 158/2014, they are being decided by a common order.

2. MAC No. 146/2017 appeal has been filed by the United India Insur-ance Company whereas the other one being MAC No. 194/2017 has been filed by the claimants. As per the pleadings made in the Claim Application, on 27.02.2014 deceased Ramkumar aged about 21 years was going home from Katghora along with his friend on motorcycle bearing registration No. CG-10-EL-9860, near Podi Uproda the truck bearing registration No. CG-07-CA-3798 driven and owned by respondent Vijay Lohar rashly and negligently came from opposite direction and dashed against his motorcycle. As a result of this accident, Ramkumar fell down and received grievous injuries on the head, hand, leg and other parts of the body, and while being taken to hospital he succumbed to the injuries. His motorcycle was also damaged. On matter being reported, Crime No. 30/2014 was registered against the driver of the offending vehicle for the offence punishable under Sections 279, 337, 304-A IPC. The offending vehicle was insured with the United India Insurance Com-pany Limited. Amount of compensation claimed was Rs. 47,10,000/- and the annual income of the deceased was pleaded as Rs. 1,00,000/-. The claim was resisted by the Insurer on the ground that driver of the offending vehicle was not having the valid and effective driving licence and that the offending vehicle was driven without valid permit and that the amount claimed is highly exaggerated and therefore it may be exonerated of its liability. Learned Tribunal on the basis of these pleadings framed as many as five issues. First three issues pertaining to valid and effective driving licence with the driver of the offending vehicle; that of said vehicle being insured with the United India Insurance Company Limited; and that of offending vehicle being driven by its driver rashly and negligently causing death of the deceased, were answered in affirmative. Further, while deciding issue Nos. 4 and 5 learned Tribunal awarded the compensation of Rs. 5,57,000/- in favour of the claimants.

3. While assailing the award impugned, learned counsel for the Insurance Company argued that the finding recorded by learned Tribunal fastening the liability on it is erroneous and contrary to the material available on record. He further submits that from the evidence adduced by the Insurance Company it is established that there was no valid permit and fitness of the offending vehicle. He further submits that though no issue has been framed in this regard yet the pleading was there on its behalf to that effect. He submits that the criminal papers which have been exhibited by the claimants would indicate that driver of the offending vehicle was also chargesheeted for the offence under Sections 56/190 and 66/192 of Motor Vehicles Act, 1988 (for short the “MV Act”) Act which clearly shows that there was no permit or fit-ness of the vehicle. He further submits that even otherwise nothing has been brought on record to indicate whether there was any valid permit or fitness on the date of accident and that even the amount of compensation is highly ex-cessive. He submits that the claimants are the sisters of the deceased and therefore they are not entitled to receive any compensation. In support of his submission he relied upon the decision of Supreme Court in the matter National Insurance Co. Ltd. v. Challa Upendra Rao and others (2004) 8 SCC 517 and Amrit Paul Singh and another v. Tata AIG General Insurance Company Limited and others reported in (2018) 7 SCC 558 and judgment of this Court dated 14.05.2019 passed in MAC No. 1206/2013.

4. Learned counsel for the claimants however submits that the deceased was aged about 25 years at the time of accident and his income was taken as Rs. 4,000/- per month which is on the lower s