IMPORTANT POINT
Appellate courts can enhance compensation in motor accident claims even without a cross-appeal, where just compensation principles apply, considering established evidence of income and deductions.

JUDGMENT

1. Heard the learned counsel for the appellant as well as the learned counsel for the respondents.

2. This Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “Act”) on behalf of the appellant/ICICI Lombard General Insurance Company Limited against the compensation amount awarded to the respondent nos.1 to 5/claimants by the learned Court of District Judge-cum-Motor Vehicle Accident Claim Tribunal, Madhepura (hereinafter referred to as “Tribunal”) vide Judgment and Award dated 16.06.2021 passed in M.V. Claim Case No.13 of 2016.

3. The learned Tribunal allowed the claim application and held that claimants are entitled to receive Rs.16,93,160/- as compensation and accordingly the ICICI Lombard General Insurance Company Limited (hereinafter referred to as “Insurance Company”) has been directed to make payment of the compensation amount as per the order along with the interest @6% per annum from the date of filing the claim petition i.e., 02.08.2016 till its realization within 90 days. In case of failure, the claimants will be at liberty to realize the awarded compensation amount @9% interest per annum. It further held that in case there is violation of policy conditions, the Insurance Company will have liberty to recover the compensation amount from the owner of the vehicle (respondent no.6).

4. The details of the calculation of compensation amount made by the learned Tribunal are as under:

5. The appellant/Insurance Company being not satisfied and aggrieved by the impugned judgment and award dated 02.08.2016 passed by the learned Tribunal, filed the present appeal for setting aside the impugned judgment.

6. The brief facts giving rise to the present Miscellaneous Appeal are that on 04.05.2016 at about 08:00 PM, the deceased, Subodh Mahto, was returning to his home by an auto-rickshaw bearing Registration No. BR-43P-4110 (hereinafter referred to as “offending vehicle”). When the vehicle reached near Sukhasan Temple, the driver, owing to rash and negligent driving, lost control over the offending vehicle, as a result of which it overturned and fell into a nearby field. In the said accident, the deceased came under the overturned offending vehicle, sustained grievous injuries and subsequently succumbed to the same during treatment in the hospital. On the basis of the fardbeyan of the son of the deceased, namely Laloo Kumar Mahto, Madhepura P.S. Case No. 251 of 2016 dated 05.05.2016 was instituted under Sections 279 , 337, 338 and 304-A of the Indian Penal Code . Upon completion of investigation, the police submitted charge-sheet against the owner of the offending vehicle, Bechan Jha (respondent no.6 herein) under Sections 279 , 338 and 304-A of the Indian Penal Code , whereafter the learned Chief Judicial Magistrate, Madhepura, took cognizance of the offences accordingly.

7. Claimants/ respondent nos.1 to 5, namely Asha Devi, wife of deceased (claimant/respondent no.1); Sarwan Kumar, son of deceased (claimant/respondent no.2); Guriya Kumari, daughter of deceased (claimant/respondent no.3); Roshan Kumar, son of deceased(claimant/respondent no.4); and Pappu Kumar, son of deceased (claimant