S.N. PATHAK, J.

1. Heard the parties.

2. This appeal has been preferred against the Award dated 15.09.2012 passed by the learned District & Additional Sessions Judge-II-cum-MACT, Dhanbad in Title (M.V.) Suit No. 160/2009, whereby and whereunder the learned Tribunal has been pleased to allow the claim petition of the applicants and has held that the appellant-Insurance Company is liable to pay a sum of Rs. 4,51,500/- with interest @ 6 % p.a. from the date of filing of claim application.

3. As per the claim application, on 16.11.2008 at 7.15 a.m. Puran Mahto (deceased) was travelling by Auto Rickshaw bearing registration No. JH 10M 7601 from his village Simaltand to ISHU Darbar Bengabad, Giridih along with other passengers and while reached at Village Mohldih near Passanger’s shed adjacent to Bhalpahari river lying on the main road of Tundi Giridih all of a sudden due to rash and negligent driving, the auto rickshaw overturned and the deceased thrown below due to which Puran Mahto died on the spot. It is alleged that accident took place due to high speed as well as rash and negligent driving of the driver of auto rickshaw, namely Manoj Kumar Mahto. The matter was reported to Ahilyapur (Taratand) P.S. of Giridih District whereupon ASI Arjun Singh of Taratand O.P. went to the place of occurrence and recorded fardbeyan of Ganesh Mahto and on the basis of which Ahilyapur (Taratand) P.S. Case No. 81/08 dated 16.11.2008 u/S 279, 304 (A) of the IPC was registered against the driver of Auto Rickshaw bearing registration No. JH 10 M 7601 and after investigation police submitted charge sheet vide C.S. No. 14/09 dated 28.04.2009 under Section 279, 304 (A) of the IPC against the driver Manoj Kumar Mahto of the said auto rickshaw. The dead body of the deceased was subjected to post mortem examination at Sadar Hospital Giridih on 16.11.2008.

It is further averred that the offending vehicle belong to Ram Prasad Mahto Defendant No. 1-respondent No. 5 while the same stood insured with defendant No. 2 M/s United India Insurance Co. Ltd-appellant. As per further averment of the claim application, deceased Puran Mahto was only earning member and has died leaving behind wife and minor children, who were solely dependent on his income and due to sudden death of deceased, the applicants are suffering from serious mental shock, agony and totally deprived of their expectations and prospective earning and also from the love and affection of the deceased for rest of their life. It is further averred that the deceased was having sound health without any sickness at the time of accident he was aged about 30 years and he was working as Mason and out of his profession earning Rs. 4,500/- per month. The claimants on account of death of deceased late Puran Mahto sustained pecuniary loss etc. to the tune of Rs. 5,71,100/-. Besides they have claimed interest from the date of application till its realization including the cost of the proceeding. It is also averred that the plaintiffs have received Rs. 50,000/- from defendant No. 2 as an ad interim compensation.

The defendant/O.P. No. 1/respondent No. 5 in its written statement has opposed to the claim application and beside taking ornamental pleas it has been admitted that the insurance of Auto Rickshaw bearing registration No. JH 10 M 7601 on the alleged date of accident was with United India Insurance Co. Ltd. It has further asserted that the driver of auto rickshaw was having valid and effective driving licence at the time of accident and all the requisites papers of the vehicle i.e. Tax Token, permit, fitness certificate, insurance certificate were valid at the time of accident. It is further stated that in case the plaintiffs are entitled to get compensation then defendant No. 2-appellant/United Insurance Co. Ltd. is liable to indemnify the owner’s liability if any arising out of the accident. It is further averred that this defendant has got no liability in the present case.

Defendant/O.P. No. 2 herein a