IN THE HIGH COURT OF JHARKHAND AT RANCHI M. A. No. 358 of 2020 National Insurance Company Limited, Kodarma Branch, P.O & P.S & District- Kodarma, through Manager, National Insurance Company, Jharkhand Legal Cell, Office at Kachahri Road beside Gopal Complex, Ranchi, P.O-G.P.O, P.S-

Kotwali, District-Ranchi, (Jharkhand) .... .... Appellant Versus

1. Anjani Devi, wife of Late Upendra Yadav, 2. Archana Kumari, Minor daughter of Late Upendra Yadav, 3. Rukni Devi, wife of Basudeo Mahto (mother of deceased)

All resident of Village Kapilo, P.O- Rupaidih, P.S-Birini, District-Giridih, (Jharkhand).

(RespondentNo.2 is represented through her legal natural guardian mother respondent no. 1.)

4. Siya Sharan Prasad, son of Kali Charan Prasad, resident of Dargahi Tola, P.O- Lemuabad Pandarak, P.S-Pandarak, District-Patna (Bihar), at present residing at Main Road, Simdega, P.O & P.S & District- Simdega (Owner of truck No. JH-

20A-6971)

5. Arbind Yadav son of Nandlal Yadav, resident of Village-Lemuabad, P.O- Lemuabad, Pandarak, P.S- Pandarak, District- Patna (Bihar) (Driver of truck No.

JH-20A-6971)

6. Sri Ram General Insurance Company Ltd. office at E-8, EPIP, RIICO Industrial Area, Sitapur, P.O & P.S & District-Sitapur, Rajasthan-302022, (Insurer of truck no. JH20A6971

7. Ramdeo Yadav son of Manik Mahto, resident of Village-Rupaydih, P.O- Makatpur, P.S- Jai Nagar, District- Kodarma (Jharkhand) (Owner of truck No.

JH-12C-3442)

8. Amarnath Yadav son of Rameshwar Yadav, resident of Industrial Colliery Jhariya, P.O & P.S- Jhariya, District-Dhanbad (Jharkhand), Permanent Address-

Village-Alho, P.O-Naitard, P.S- Jai Nagar, (Jharkhand). District- Kodarma … …. Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Appellants :Mr. Amaresh Kumar, Advocate For the Resp. No.1-3,7&8 :Mr. Arwind Kumar, Advocate For the Resp. No. 6 :Mr. Ashutosh Anand, Advocate Mr. Shaantanu Gupta, Advocate Mr. Vincent Marki, Advocate ------

Order No. 06 / Dated : 04.12.2025.

1. Insurance-Company is in appeal against the judgment and award of compensation under Section 166 of the M.V. Act in Title (M.V.) Suit No. 65 of 2015, whereby and whereunder, a finding of contributory negligence has been recorded with respect to the vehicle under its insurance cover and liability has been fixed on it to pay part of the compensation amount.

2. Facts are not in dispute or challenge before this Court that on 14.06.2013 Upendra Yadav, who was cleaner of truck bearing registration no. JH 12C 3442, died in a motor vehicle accident involving another truck bearing registration no. JH 20A 6971.

3. The judgment and award of compensation is under challenge mainly on three grounds.

Firstly, it is argued that learned Tribunal has recorded a finding of contributory negligence 50:50, whereas it was the truck bearing registration no. JH 20A 6971 which was responsible for the accident.

Secondly, it is argued that learned Tribunal erred in taking 1/4^th deduction in living and personal expenses of the deceased, as during the pendency of the motor vehicle suit, Basudeo Mahto, father of the deceased, had died on 23.03.2019 during the pendency of the claim case, reducing the legal dependents to three, for which 1/3^rd will be applicable for deducting the personal living expenses of the deceased.

Thirdly, it is contended that the award of Rs.1,00,000/- under the heading of ‘love and affection’ is not in accord with ratio laid down by the Apex Court in National Insurance Company Ltd. vs. Pranay Sethi {(2017) 16 SCC

680}

4. Learned counsel appearing on behalf of the respondent no. 6 as well as the claimants have defended the impugned order. It is submitted, and rightly so, that there is no contrary evidence to show that the accident was caused due to rash and negligent driving by the driver of the truck bearing registration no. JH 20A 6971.

5. The FIR (Ext.1) was lodged against the driver of both the vehicles and charge-sheet (Ext.2) was also submitted against the driver of both the vehicles. Under the circumstances,