JUDGMENT :

The instant Miscellaneous Appeal arises out of Judgement/Award dated 18.01.2018, passed by Principal District Judge-cum-P.O., Motor Accident Claims Tribunal, Civil Courts, Bokaro in Motor Accident Claim Case No. 41/2015 whereby and whereunder claim application filed by the claimants has been allowed and Laxman Sahu (O.P. No. 1), M/s. United India Insurance Co. Ltd. (O.P. No. 2), Abdul Kalam (O.P. No. 3) i.e. owner, insurer and driver of Bus bearing registration no. JH 01AL 3508) and Binod Kumar (O.P. No. 4), Jai Nandan Kushwaha (O.P. No. 5) and Sri Ram General Insurance Co. Ltd. (O.P. No. 6) i.e. owner, driver and insurer of Dumper Truck No. JH 02V 7632 have been jointly and severally held liable to pay compensation of Rs.4,83,600/- with 9% interest with effect from 13.05.2015 to the claimants. The O.P. No. 2 had already paid Rs.50,000/- on 02.08.2016 and as such remaining amount was directed to be paid to the claimant. Both the Insurance Companies have been directed to prepare Cheque or Bank Draft of compensation amount. The M/s. United India Insurance Company Ltd. (O.P. No. 2) and Sri Ram General Insurance Co. Ltd. (O.P. No. 6) have been directed to pay compensation amount of Rs.4,33,600/- to the claimants with interest at the rate of 9% per annum from the date of application till payment within five months from the date of passing of Award failing which claimants will be entitled to receive penal interest @11% till realisation of compensation amount.

2. Claimants have preferred Miscellaneous Appeal for enhancement of amount awarded by the Tribunal whereas the M/s. United India Insurance Co. Ltd. has preferred Cross Objection assailing the said Award to the extent of and in regard of finding arrived qua occupation and income of the deceased, more specifically Issue No. VII as mentioned/ discussed in para-35 of the said Award and also rate of interest awarded @9% of the awarded amount, which is quite contrary to the precedent in this matter.

3. Claim application was preferred by claimants under Section 166 read with Section 140 of the M.V. Act for grant of compensation of Rs.9 Lac. along with interest @9% per annum from the date of filing of case on account of death of their son - Ajay Hembram. It is alleged in the claim petition that on 26.04.2015, while deceased Ajay Hembram along with Lal Kishore Hembrum RC/ was returning to his village by Hero Honda Motorcycle bearing registration no. JH 02G 6384 and at about 3:30 hours, reached near Kocha Goda, then at that time one Dumper bearing registration no. JH 02V 7632 was being driven rashly and negligently and dashed the motorcycle of the deceased due to which deceased was dashed by Bus bearing registration no. JH 01AL 3508 which was coming from Jaina More and the said Bus crushed and deceased Ajay Hembram due to which he died on the spot. The case was instituted. The deceased Ajay Hembram was a driver and was earning Rs.12,000/- per month and was aged about 25 years and a sum of Rs.9 Lac. was claimed as compensation.

4. The opposite party no. 1 – Laxman Sahu and opposite party no. 3 Abdul Kalam i.e. owner and driver of Bus appeared and filed their written statements on 02.02.2017. The opposite party no. 2 – M/s. United India Insurance Co. Ltd. and the opposite party no. 6 – Sri Ram General Insurance Co. Ltd. appeared on 11.04.2016 and 29.04.2016 and filed their written statements on 29.04.2016. The opposite party nos. 4 and 5 also appeared on 11.04.2016.

5. The learned Tribunal, after hearing the parties, framed issues. After framing of issues, claimants as well as the Insurance Company adduced their evidences and furnished copies of documents. The documents produced by the parties have been marked and exhibited with the records.

6. After examining records of the case, learned Tribunal discussed the issues in details and claim application filed by the claimants/plaintiffs has been allowed on terms as discussed hereinabove.

7. Mr. Nikhil Ranjan, learned counsel appearing on