1. Heard learned counsel for the appellants and learned counsel for the respondents.

The present appeal has been filed against the Judgment/Award dated 31.05.2013 passed in M.V. Claim Case No.54/2010 by Principle District Judge-cum-Presiding Officer, Motor Vehicle Accident Claims Tribunal, Giridih (Jharkhand) where claimants had been granted compensation of Rs.3,31,000/- with 9% interest, from the date of filing of the present case.

It has been submitted by the parties that Awarded amount has already been paid to the claimants with interest and claimants accept that they had received the compensation amount.

The son of the claimants, namely, Basarat Ansari was going on Motorcycle bearing registration No.JH-11-B-9986 at about 3:30 PM on 27.06.2010 in the evening, at Pandey Bandh near village Kusmaria, P.S. Sariya (Bagodar), District-Giridih, a Tata Magic passenger vehicle bearing registration No.JH-02K-9993 coming from opposite side dashed the Motorcycle, which resulted in death of son of the claimants on the spot for which an F.I.R. had also been lodged, regarding the occurrence, bearing Bagodar (Sariya) P.S. Case No.134/10 for the offences under Sections 279, 304A and 427 of the Indian Penal Code against the driver of the offending vehicle.

The claim petition had been filed claiming that the deceased was aged about 19 years unmarried boy having income of Rs.6,000/- per month from the profession of tailoring.

Opposite party Nos.1 and 2, who are owner of the offending vehicle had appeared and opposed the prayer on the ground that the claim made by the claimants are exorbitant. The incident had also been denied. Opposite party No.3, who is insurance company, had filed written statement taking technical plea but the accident had not been denied.

Opposite party No.4 is Noor Taj Mohammad, who is owner of the Hero Honda Passion Plus motorcycle upon which the deceased was riding had also accepted the accident.

On the basis of pleading of the parties, following issues had been framed by the Claim Tribunal.

i. Is the application of the claimants maintainable in the present form?

ii. Whether there is valid cause of action for the present claim suit?

iii. Whether the deceased Late Basarat Ansari, aged about 19 years s/o Basir Ansari died while driving motorcycle No.JH-11B-9986 due to dashing of his motorcycle by another vehicle Tata Magic Passenger Vehicle No.JH-02K-9993 from opposite direction on 27.06.2010 i.e. head on collision?

iv. Whether it is a case of contributory negligence of both drivers of the vehicles i.e. Motorcycle No.JH-11B-9986 and Tata Magic No.JH-02K-9993?

v. Whether owners of both the vehicles possessed all vehicular papers and drivers of both the vehicles possessed valid and effective driving license at the time of accident?

vi. Whether both the accidented vehicles were validly insured at the time of accident?

vii. Whether the amount of compensation if any paid by insurer is recoverable from owner of vehicle, due to violations of terms and conditions of policy of Insurance?

viii. Whether the claimants are entitled to compensation, if so to what extent and from whom?

The present appeal had been filed by the claimants raising issue that the income of the deceased was Rs.6,000/- per month. The Claim Tribunal had wrongly negated the income and had considered the same as Rs.3,000/- per month.

The second point had been taken that consortium, funeral expenses and loss of estate, which had to be granted as per Pranay Sethi Case (Infra), had been denied by the Claim Tribunal.

The factum of accident and the entitlement of the claimant had not been disputed by the respondents. The finding given in favour of the claimants had been accepted by the respondents and accordingly the awarded amount had been paid to the claimants.

The factual aspect has to be determined by this Court regarding the income of the deceased. The age of the deceased was 19 years is also not in dispute.

The plaintiff had produced four oral witnesses in support of the