The renewal commission received by the claimant after the death of the deceased is hereditary and not deductible from the compensation awarded for accidental death.

JUDGMENT :

1. The instant Miscellaneous Appeal has been preferred against the award dated 28.11.2016 passed by the learned District Judge-III-cum-M.A.C.T., Dhanbad in Title (M.V.) Suit No. 107 of 2014, whereby the learned Tribunal has directed the appellant-Insurance Company to pay the compensation amount of Rs.1,14,52,460/- to the claimants with simple interest @ 7% per annum from the date of filing of the claim application till the realization of the amount of compensation. It is further directed to pay the compensation amount including the interest to the plaintiffs/ claimants within 60 days from the date of the order, failing which, the claimants will be at liberty to realize the same through the process of Court and the interest 9% per annum shall be deducted after expiry of 60 days. It is further directed that the aforesaid amount as awarded, seventy five percent of the awarded amount shall be kept in joint name of the claimants under fixed deposit scheme for the term of five years in a Nationalized Bank and remaining twenty five percent of the awarded amount be kept in joint name of the claimants in saving account.

2. The brief facts leading to this miscellaneous appeal are that the deceased Balaram Mahato along with his son Animesh Kumar had stopped his motorcycle bearing registration No.JH-10AK-5762 in the evening of 26.02.2014 at Rajiv Gandhi Chowk, Govindpur, all of a sudden, a truck bearing registration No.WB-23B-0772, which was driven by its driver rashly and negligently came and dashed from behind to Balaram Mahato and his son along with motorcycle, as a result of which, Balaram Mahato and his son both sustained injury. The motorcycle was also badly damaged. Both were rushed to Jashlok Hospital, Govindpur. From there, his son Animesh Kumar was referred to Pragati Nursing Home, Saraidhela and Balaram Mahato was referred to Central Hospital, Dhanbad, where he was declared dead. The FIR of the said accident was registered as Govindpur P.S. Case No.112 of 2014 on 03.03.2014 under Sections 279, 337, 338, 304-A and 427 of the Indian Penal Code against the driver of the truck bearing registration No.WB-23B-0772. The Investigating Officer after concluding the investigation filed charge-sheet against the driver of the truck, namely, Satyendra Singh. The deceased was LIC Agent and was 50 years old on the date and time of accident. He was earning 15,58,434.45/- per year. Hence, compensation was claimed.

3. Despite service of notice, the owner of the offending truck did not appear and the proceeding of claim petition was proceeded ex-parte.

4. The opposite party No.2-M/s Sriram General Insurance Company Limited filed the written statement with averments that the claim petition was not maintainable, the same was barred by non-joinder of necessary party. The age, occupation and the income of the deceased was denied and it was stated that the said accident was not caused on account of rash and negligent driving of the offending vehicle, indeed, it was a case of the contributory negligence. The driver of the offending truck was not having a valid and effective driving license. Consequently, the Insurance Company was not liable to pay any amount of compensation and the amount of compensation claimed was excessive. The responding Insurance Company reserves its right to contest the claim petition on all grounds, which is available to the owner of the truck in his failure to contest the same being in collusion of the claimant in view of Section 170 of the Motor Vehicles Act, 1988.

5. The learned Tribunal has framed altogether seven issues, which read as under:

“Issue No.1:- Whether the suit is maintainable in its present form?

Issue No.2:- Whether there is any cause of action for the present suit?

Issue No.3:-Whether the deceased died in motor accident due to rash and negligent driving of Truck bearing registration No.WB-23B-0772 by its driver?

Issue No.4:- Whether the driver of the Truck bearing registration No.WB-23B-0772 had valid and eff