JUDGMENT :

Dr. S.N. Pathak, J.

Both the appeals arise out of Judgment/Award dated 06.05.2017, passed by District Judge – III – cum – Motor Vehicles Accident Claims Tribunal, East Singhbhum at Jamshedpur and as such both have been heard together and are being disposed of by this common Judgment. The M.A. No. 446 of 2019 has been filed by the claimants for enhancement of awarded amount of compensation whereas M.A. No. 704 of 2017 has been preferred by the National Insurance Company Ltd. for setting aside the impugned Judgment/Award.

2. Claim application was preferred by the claimants alleging therein that on 11.07.2014 at about 16:30 p.m., the informant – Manoj Kumar Mishra was returning from village Dhatkidih after servicing of summons and when he reached Kokra, Adityapur Road, near Panchyat Bhawan, he saw one Lambodar Mahato was coming from Adityapur side by his motorcycle bearing registration no. JH 06D 3582 and when he reached near Main Road, Kokra to Adityapur near Panchayat Bhawan, P.S. – Seraikela, one Motorcycle – Bajaj Discover was coming with high speed and driver was driving the vehicle very rashly and negligently dashed the Motorcycle of Lambodar Mahato. Due to said accident, Lambodar Mahato received grievous injuries and with the help of police personnel he was admitted in TMH Hospital for treatment. However, during the course of treatment, Lambodar Mahato died. On the basis of said fardbeyan of informant Manoj Kumar Mishra, the case was registered as Seraikela P.S. Case No. 60 of 2014, dated 11.07.2014 against driver of Discover Motorcycle without registration number and Engine No. JBZRCFO7545, for the offence under Sections 279, 337 and 338 of the Indian Penal Code.

3. Claimants filed Claim Application under Section 166 of Motor Vehicles Act, which was numbered as Compensation Case No. 36 of 2015 claiming compensation of Rs.55,00,000/- due to death of deceased Lambodhar Mahato in road accident.

4. Insurance Company appeared and filed written statement and contested the suit.

5. The learned Tribunal, after hearing the parties, framed following issues.

(I) Whether the case is maintainable in present form or not and whether the deceased died due to rash and negligent driving by driver of vehicle – motorcycle bearing number JH 05BK 4338?

(II) Whether vehicle was insured with the OP Insurance Company and whether OP Insurance Company is liable to make payment of compensation?

(III) Whether owner of the vehicle has violated any terms and condition of the Insurance Policy including requirement of valid Driving License?

(IV) Whether Applicants are entitled to get compensation, if so, what would be quantum of compensation?

(V) Whether applicants are entitled to get any other relief or reliefs?

6. After framing of issues, claimants as well as Insurance Company adduced evidences and furnished copies of relevant documents which have been marked and exhibited with the records. Owner (Opposite Party No. 1) of offending vehicle having registration number JH 05BK 4338 also appeared and filed show cause.

7. After examining records of the case, learned Tribunal discussed the issues in details and claim application filed by the claimants has been allowed by directing the National Insurance Company Limited to draw account payee cheque of 65% of compensation amount of Rs.25,21,324/- in the name of the claimant no. 1 – Babu Kumari Mahto (wife of the deceased) who would also receive the cheque on behalf of her minor son – Piyush Mahato and the National Insurance Company Limited was further directed to draw Account Payee Cheque of rest 35% of the compensation amount of Rs.25,21,324/- in the name of claimant no. 3 – Guruvari Devi (mother of the deceased). It was further directed that both the cheques should be drawn with up to date interest @6% per annum from the date of filing of claim case till payment and cheques should be handed over to applic