1. Heard Learned counsel for the appellants and learned counsel for the respondent No. 3 / insurance company.

2. This miscellaneous appeal has been filed under S.173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988') on behalf of the claimants for enhancing the compensation amount awarded to claimants / appellants by the learned District Judge - cum - Motor Accidents Claim Tribunal, Munger (hereinafter referred to as 'the learned Tribunal') vide judgment dated 31.3.2014 and award dated 16.4.2014 passed in Claim Case No. 53 of 2012 arising out of Muffasil P.S. Case No. 115 of 2012.

3. The learned Tribunal held that claimants are entitled to receive Rs.4,78,500 as compensation and accordingly respondent No. 3, Future Generali Insurance Co. Ltd., has been directed to make payment of the compensation amount as per the order within three months from the date of passing of said order along with 9 per cent simple interest per annum from the date of filing of the claim case till realization of the compensation amount. Liberty has been given to the insurance company to recover the amount of compensation from the owner of the offending vehicle in accordance with law if at all they are entitled.

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

Interest at 9 per cent per annum from the date of filing of the claim case till its realization.

5. The claimants / appellants being not satisfied and aggrieved by the impugned judgment and award dated 31.3.2014 passed by the learned Tribunal, filed the present appeal for enhancing the compensation amount.

6. It is submitted on behalf of insurance company that the insurance company has not challenged the impugned judgment and award.

7. The brief facts of this case are that the deceased Sunny Kumar aged about 22 years, on 15.6.2012 at about 8.30 p.m. while going to Nawagarhi from his home by bicycle with the informant and reached near High School, Nawagarhi, a Tata Victa bearing registration No. BR - 01 - PC - 1600 rashly and negligently coming from side of Munger wrongly dashed the deceased and informant. Being seriously injured, local people brought to Sadar Hospital, Munger for treatment where the doctor of Sadar Hospital, Munger, referred the deceased to Ishwar Dayal Memorial Hospital, Hanuman Nagar, Patna for better treatment but during the course of treatment the deceased succumbed to injuries and the post - mortem was performed by Dr. Anil Kumar at P.M.C.H. Patna. For the said occurrence on 15.6.2012 at about 8.30 p.m. Muffasil P.S. Case No. 115 of 2012 under S.279, S.337, S.338 and S.304 - A of Indian Penal Code (IPC) was registered.

8. The claimants who are parents of deceased filed claim petition bearing Claim Case No. 53 of 2012 before the learned Tribunal for grant of compensation under S.166 of MV Act claiming that the deceased was a bachelor aged about 22 years at the time of occurrence and he was earning Rs.8,000 per month from the business of decoration.

9. The owner (respondent No. 1) and driver (respondent No. 2) of offending vehicle had appeared in the claim case and filed their written statement and stated that the said vehicle was insured with respondent No. 3 during the said period and the driver of the said vehicle had provisional driving licence and they have no liability to compensate the claim of claimants and insurance company is fully liable to grant compensation to the claimants.

10. The insurance company (respondent No. 3) appeared in the claim case and filed written statement and admitted that the offending vehicle was insured with them, however, it is stated that the owner and driver of the offending vehicle have violated the terms and conditions of the insurance policy. It is further stated that the deceased had no income and claimants were not dependent upon his income. It was denied that the income of deceased was to the tune of Rs.8,000 per month.

11. After hearing the parties and the materials on record, the