The court established that a mason is a skilled worker, impacting compensation calculations, and affirmed parents' entitlement to loss of consortium following a child's death.

JUDGMENT :

1. The instant Misc. Appeal has been directed on behalf of the claimants/appellants against the impugned Award dated 13.03.2023 passed by the learned District Judge-I-cum-P.O.M.A.C.T., Bokaro in Motor Accident Claim Case No. 53 of 2020.

2. The brief facts leading to this Misc. Appeal are that the claimants had filed the Claim Petition with these averments that on 27.12.2019 deceased Mantu Soren had gone to market and when he reached near Jaina Chowk four lane Main Road P.S. Jaridih, the driver of Truck No. JH09AE-6872 came rashly and negligently and dashed the deceased by which the deceased got serious injuries and died on the spot. After his death, deceased left his wife, three children and mother and father. All were dependent on the income of deceased. After his death they had become hand to mouth. Deceased was 35 years old was a mason and was earning 15,000/- per month. As such the amount of Rs. 30,00,500/- was claimed as compensation in the Claim Petition under Section 166 of the M.V. Act. On the written information given by Raj Mohan Soren Jaridih P.S. Case No. 0178 of 2019 under Section 279/304-A of I.P.C. was registered against the driver of offending Truck JH09AE-6872 in which the I.O. after having completed the investigation, filed the charge-sheet against the driver of the offending vehicle, namely, Robin Chakra Mandal. The said Truck was also insured by National Insurance Company.

3. O.P.No.1 (Respondent No.2 herein) the owner of the Truck filed the written statement denying the averment of the Claim Petition stated that the said Truck was not driven rashly and negligently by its driver Robin Chakra Mandal. The offending vehicle was insured by O.P.No.2 (Respondent No.1 herein)-National Insurance Company and the insurance policy was valid from 30.10.2019 to 29.10.2020. The driver of the vehicle was also having a valid and effective driving licence on the very date of accident. The offending vehicle was driven with all the valid documents. If any liability is found, the same can be fastened to Insurance Company.

4. On behalf of the O.P.No.2 (Respondent. No.1 herein) the Insurance Company filed the written statement in which the averments of the Claim Petition were denied and stated that it is the owner of the offending vehicle who has to prove that the offending Truck was driven with a valid and effective licence and with all the valid documents. There being the breach of the policy the Insurance Company is not liable to pay any amount of compensation.

5. The learned Tribunal on the basis of the pleadings of the parties framed the issues. On behalf of the claimants in documentary evidence filed Ext.1 to 2- certified copy of FIR and seizure list of Jaridih P.S. Case No. 178/2019, Ext.3-Certified copy of charge-sheet of Jaridih P.S. Case No. 178 of 2019, Marked X for identification-Photo copy of postmortem of deceased Mantu Soren, Marked X/1 to X/6 for identification-Photo copy of Aadhar Card of Shakuntala Devi, Belani Kumari, Asha Kumari, Aman Soren, Munibala Devi, Hakim Manjhi. Marked Y for identification-Photo copy of Registration of the offending vehicle. Marked Y/1 for identification-Photo copy of National permit of the offending vehicle, Marked Y/2 for identification-Photo copy of certificate of fitness, Marked Y/3 for identification-Photo copy of Goods permit of the offending vehicle, Marked Y/4 for identification-Photo copy of Road Tax of the offending vehicle, Marked Y/5 for identification-Photo copy of Pollution certificate of the offending vehicle, Marked Y/6 for identification-Photo copy of driving licence of driver Robin Chakra Mandal and in Oral evidence examined C.W.1-Shankutala Devi, CW2-Ranjeet Manjhi and CW3-Santosh Kumar Mahato.

6. On behalf of Opposite Party neither oral nor documentary evidence was adduced.

7. The learned Tribunal after hearing the rival submission of parties passed the impugned Award directing to pay Rs. 14,81,200/- as compensation to the claimants.

8. The claimants have filed