The main legal point established in the judgment is the determination of liability and quantum of compensation under the Motor Vehicles Act, considering the violation of insurance policy terms and the relevance of compassionate appointment.

JUDGMENT :

S.N. PATHAK, J.

1. Heard the parties.

2. This appeal has been preferred by the appellant against the Award/Judgment dated 05.02.2016, passed by learned District Judge-III-cum-Motor Accident Claims Tribunal, Jamshedpur in Compensation Case No. 142 of 2012.

3. As per the factual matrix, the compensation case was filed by the Claimants before the learned District Judge-III-cum-Motor Vehicles Accident Claims Tribunal, Jamshedpur for payment of compensation on account of death of one Sukra Pramanik, who died in a road accident, which happened due to rash and negligent driving by the driver of the Indigo Car bearing Reg. No. JH-22B-1909(T). It was also pleaded before the learned Court below that at the time of death, the said Sukra Pramanik was earning Rs. 40,000/- per month as salary and he was a government employee. It was further pleaded that the offending vehicle was insured with National Insurance Co. and the motorcycle of the deceased was insured with the ICICI Lombard General Insurance Co. It was also pleaded that at the time of accident the deceased was a government employee and hence, while computing the compensation amount, the future prospects should also be taken into consideration and the claim application be allowed with interest.

4. On being noticed, the ICICI Lombard General Insurance Co. appeared through his counsel and it has been submitted that at the time of accident, the motorcycle of the deceased was insured with this Insurance Co. and hence, the deceased was not a third party to be compensate by the present Insurance Co. Further, it was submitted that charge-sheet was submitted against the driver of the Indigo Car.

5. Learned counsel for the National Insurance Co. has submitted that Car was insured with this Insurance Co. however, there was violation of terms and conditions of the Insurance Policy and accident took place due to rash and negligent driving by the driver of the motorcycle. It was further submitted that there was no prove of income of the deceased and there was no future prospect. It was also submitted that the applicants are claiming exorbitant compensation, which is not legally permissible.

6. Learned Tribunal, on perusal of the documents brought on record and after hearing counsel for the parties and upon going through the written statement as well as other documents, framed following issues for proper and just adjudication of the case:

(i) Whether this case is maintainable in present form or not and whether the deceased died due to rash and negligent driving by the driver of vehicle no. JH-05AQ-5708 Or is it a case of contributory negligence?

(ii) Whether vehicle was insured with respective OP Insurance Companies and whether OP Insurance Companies are liable to make payment of compensation?

(iii) Whether owners of the vehicle has violated any terms and conditions 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?

7. Learned Court below after hearing the parties and after perusing the exhibited documents and oral evidences, elaborately dealt the issues framed and thereafter, found that the claimants are entitled to receive compensation amount. Resultantly, the learned Tribunal directed the National Insurance Co. to draw account payee cheque for 80% of the compensation amount of Rs. 27,46,340/- in name of Mridula Pramanik, who would receive this cheque also on behalf of minors Applicant Nos. 2, 3 and 4. OP National Insurance Co. is further directed to draw another cheque for remaining 20% of the compensation amount in the name of Sumitra Pramanik who is mother of the deceased. All cheques should be drawn with upto date interest @ 8% per annum from the date of filing of this claim case till payment and cheques should be handed over to applicants within 30 days of this order.

8. The correctness of the said aw