Ravi Nath Verma, J. - (1.) The National Insurance Company has questioned the legality of the judgment/award dated 18th July, 2009 passed by 1st Additional District Judge -Presiding Officer -Additional Motor Vehicle Claim Tribunal, Hazaribag in Claim Case No. 150 of 2003 whereby and whereunder the Insurance Company (the appellant) has been directed to pay a total compensation amount of Rs. 8,16,000/ - with an interest @ 6% per annum from the date of filing of claim case to the claimants within two months and a right has been given to the appellant -insurance company to recover the amount from the owner of the truck -the opposite party No. 1 with certain other conditions.
(2.) The claimants, in the court below, were widow of Mahesh Das (the deceased), one minor daughter, one minor son. The mother and father of the deceased were impleaded as proforma respondent in the court below. At the time of accident, the deceased was 25 years old. On the fateful day i.e. 24.08.2003 while the deceased Mahesh Das alongwith two other persons were going on a motorcycle and reached near the turning of Chouparan Ghati at 3.30 p.m., one truck, being driven rashly and negligently which was coming from Barhi side, dashed the said motorcycle bearing No. BR -42 -2109 of the deceased. All the three persons namely Mahesh Das, Jugesh Ravidas and Ram Pratap Singh riding on the motorcycle died on the spot. The driver of the offending truck bearing No. CG 04 -ZC -7803 fled away immediately after the accident. The Chowkidar of the said area, Kishun Paswan, who was on patrolling duty saw the accident and lodged the F.I.R. being Chouparan P.S. Case No. 161 of 2003 under Ss. 279/304A/427 of the Indian Penal Code against the driver of the offending vehicle and police after thorough investigation, submitted the charge -sheet under the aforesaid provisions against the accused -Sita Ram Singh (the driver of the said vehicle). The claimants filed the instant claim petition for grant of compensation of Rs. 10,00,000/ - on account of death of Mahesh Das, who was earning Rs. 4000/ - per month from Jan Vitran Pranali shop, Rs. 3000/ - per month from work of contractor and Rs. 2000/ - per month from poultry.
(3.) After issuance of summons/notice, insurance company appeared in court below and filed the written statement denying the claim and took the plea that it is the case of contributory negligence and the owner of the two wheeler and the insurance party have not been made parties. The deceased Mahesh Das, who was driving the vehicle, had no driving licence and no documents has been produced by the claimant in support of the claim. The driving licence nor any document in support of income of the deceased have been produced by the claimants. The insurance company has only admitted the fact that the offending truck was insured with its company but the accident did not take place on account of rash and negligent driving of offending truck rather it was the negligence on the part of the deceased, who was driving motorcycle. At the instance of insurance company -appellant, a petition under Sec. 170 of the Motor Vehicle Act was filed in the court below.;