The court emphasized the proper assessment of personal expenses in compensation claims, confirming a deduction of 1/4 for dependents and validating the calculation of income based on the most recent year before the accident.

JUDGMENT :

1. The instant Miscellaneous Appeal has been preferred against the award dated 27.02.2019 passed by the learned P.O., M.A.C.T., Ranchi in Motor Accident Claim Case No.114 of 2014, whereby the learned Tribunal has directed the appellant-Insurance Company to pay the compensation amount of Rs.74,64,773/- to the claimants along with interest @ 9% per annum from the date of admission i.e.04.06.2014 till its realization within 30 days from the date of the judgment/ Award.

2. The brief facts leading to this Miscellaneous Appeal are that on 23.02.2014 the deceased along with his relative had left Lohardaga to Kurtha, Bihar by his own car bearing registration NO.JH01AX-3183. When he reached near village Jogiadih (Lamra) about 20km from Lawalong Police Station at Chandwa-Dobhi National Highway, the truck bearing registration No.JH02L-6294, which was driven by its driver rashly and negligently came and dashed to the car of deceased Arun Kumar, as a result of which, all the occupants of the car sustained grievous injury and among them Arun Kumar succumbed to injuries at Sadar Hospital, Chatra and another injured Dwarika Prasad also died during treatment at RIMS. The FIR of this incident was lodged as Lawalong P.S. Case No.08 of 2014 on 23.02.2014 against the driver of the offending truck under Sections 279 , 337, 338, 304A and 427 of the INDIAN PENAL CODE . The Investigating Officer after concluded the investigation filed the charge-sheet against the driver of the truck, namely, Md. Sohail Akhtar under very those sections. The wife, daughter, two sons and mother of the deceased, namely, Arun Kumar had filed the claim petition with these averments that the deceased was 57 years 3 months old on the date of accident and he was getting salary Rs.69,360/- per month. The offending truck was insured by opposite party No.2-The Oriental Insurance Company Limited, hence, the compensation of Rs.1 crore was claimed.

3. Despite service of notice, opposite party No.1- 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-The Oriental Insurance Company Limited in its written statement has stated that the offending truck was insured by the Oriental Insurance Company Limited bearing Policy No.332302/31/2014/3473 and the same was valid from 01.02.2014 to 31.01.2015 subject to the terms and conditions and the restrictions and limitations as laid down in the Insurance Policy. The alleged accident was in collision with the two vehicles i.e. the offending truck bearing registration No.JH02L-6294 and the car bearing registration No.JH01AX-3183 on account of composite negligence of both the drivers. The amount of compensation should have been apportioned in ratio of 50:50. The owner and the insurer of the car has not been impleaded party in this claim petition while they were necessary and proper party. As such, this claim petition is bad for non-joinder of necessary parties. The age, income and occupation of the deceased has not been admitted, the same is to be proved by adducing the evidence by the claimants. The quantum of compensation claim is excessive and arbitrary and for the same the claimants are not entitled.

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

“Issue No.1:- Whether the claim application as filed is maintainable?

Issue No.2:- Whether applicants have valid cause of action for the case?

Issue No.3:-Whether death of the deceased namely Arun Kumar resulted to the alleged vehicular accident caused due to r