JUDGMENT :

1. M.A. No. 432/2016, M.A. No. 431/2016 & M.A. No. 430/2016 are listed before this Bench on the Board, which are at different serial, on the joint request of the parties i.e. Manish Kumar for the appellants, Mr. Nikhil Ranjan for the respondents/claimants/applicants and Mr. Ashutosh Anand, for the respondent -IFFCO-Tokio General Insurance Company Limited.

2. All the three Miscellaneous Appeals are arising out of one accident, in which three persons died and the claimants have preferred separate compensation case.

3. The claimants of deceased Chotu Ganjhu have preferred Compensation Case No. 184/2013 and the Award has been assailed by the Insurance Company in M.A. No. 432/2016.

4. The claimants of deceased Ram Kishun Ganjhu have preferred Compensation Case No. 185/2013 and the Award has been assailed by the Insurance Company in M.A. No. 431/2016.

5. The claimants of deceased Sudarshan Ganjhu have preferred Compensation Case No. 186/2013 and the Award has been assailed by the Insurance Company in M.A. No. 430/2016.

6. All these Miscellaneous Appeals are arising out of common judgment passed by Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi on 22.04.2016 and as such, on the joint prayer, this Court is disposing of all the three miscellaneous appeals together, as they are preferred by appellant – New India Assurance Company, as such, there are common grounds in all these appeals.

7. Heard, learned counsel for the appellant, Mr. Manish Kumar, in all the three appeals, Mr. Nikhil Ranjan for the claimants/applicants and Mr. Ashutosh Anand appearing for the respondent - IFFCO-Tokio General Insurance Co. Ltd.

8. The brief facts of the case is that all the three deceased namely, Chotu Ganjhu, Sudarshan Ganjhu and Ram Kishun Ganjhu were returning from Khelari to their respective houses on 05.06.2013 triple riding on a motorcycle bearing registration No. JH-01L-5047 at 4.00 P.M. When they reached near Khuni More on Khelari-Bijupara Road, the offending vehicle Bus bearing registration No.JH-01AB-5155, driven rashly and negligently dashed the motorcycle of the deceased, because of that all three persons fell down and two persons namely, Ram Kishun Ganjhu and Sudershan Ganjhu died on the spot and one person namely, Chotu Ganjhu was brought to RIMS, Ranchi and also died during treatment. An F.I.R. has been lodged at Chanho Police Station on the fardbeyan of Chowkidar namely, Vishwanath Mahali vide Chanho P.S. Case No.53 of 2013 under Sections 279 and 304A of the I.P.C. The deceased Ram Kishun Ganjhu and Chotu Ganjhu were skilled Mason and deceased, Sudarshan Ganjhu was a vegetable seller. The learned Tribunal has considered the income of the deceased to be Rs.6,000/-.

9. Learned counsel for the appellant has fairly submitted that the offending vehicle Bus bearing registration No. JH-01L-5155 was insured with the New India Assurance Company Limited vide Policy No.54030231120100001558 for the period from 25.07.2012 to 24.07.2013 and admittedly the accident took place on 05.06.2013 within insured period.

10. Mr. Manish Kumar, learned counsel appearing for the appellant has submitted that he is assailing the impugned award on two counts:

(i) In the case of Chameli Devi Vs. Jivrail Mian reported in 2019 (4) TAC 724 (SC), the Hon'ble Apex Court has considered the income of a person to be Rs. 5,000/-per month, if there is no proof of document regarding the income, but the Tribunal has assessed the quantum of compensation considering the income of the deceased to be Rs.6,000/-.

(ii) That the contributory negligence has not been considered by learned Tribunal as there is collision of motorcycle upon, which all these three persons were moving against the law and dashed with Bus.

11. As such, the issue of income and contributory negligence was also issue before the Tribunal, as such, order may be set aside.

12. Learned counsel for the applicants, Mr. Nikhil Ranjan has not filed any cross appeal or appeal for enhancement but has orally s