Ravi Nath Verma, J. - (1.) The claimants/appellants herein challenge the Judgment/Award passed by the Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi dated 7th day of April, 2011 in Compensation Case no. 35 of 2001 whereby and whereunder the Claim Tribunal has directed the present respondent no.2- the Oriental Insurance Co. Ltd. to pay the just compensation of Rs. 1,96,500/- along with interest @ 6% per annum from the date of closing of the evidence of the claimants i.e. 12.05.2008 within the period of 60 days failing which the Insurance Co. would have to pay interest @ 8% per annum till its payment.
(2.) The claimants in the present case are the father and mother of the deceased Sampoorna Chandra, who died on 14.06.2000 at about 10:30 a.m. while he along with his friend were going to Mahalaxmi Fibre Mill, Ormanjhi on a scooter bearing registration no. BPY- 551 and when they reached near Delatoli on NH-33, a Gas Tanker (Ashoka Leyland) bearing registration HR-29B-7835, which was being driven rashly and negligently in uncontrollable speed by its driver dashed against the scooter from back side. The deceased Sampoorna Chandra, who was a pillion rider, fell on the road and crushed under the wheels of the said gas tanker and died on the spot. On the fardbeyan of Nirmal Krishna Chandra, the brother of the deceased, Sadar P.S. Case no. 98 of 2000 dated 14.06.2000 was instituted under Sections 279, 337, 427 and 304(A) of the I.P.C. against the driver of the said tanker. The dead body of the deceased was sent for postmortem examination to RMCH, Ranchi where the doctor after autopsy found ante-mortem injures on the person of the deceased caused by hard and blunt substance and the death was caused due to the said injuries. After investigation, the police submitted the charge sheet against the driver Ranjit Singh of the said tanker. The deceased on the said fateful day was aged about 24 years and was unmarried with a brilliant career as a first class engineering degree with distinction and he was awarded degree only in the month of January, 2000. As pleaded, the deceased was looking for a job and was also interested in further education for his bright future. It was further pleaded that accident took place due to rash and negligent driving of the driver of the offending gas tanker. The appellants, who are the old father and mother, claimed a compensation of Rs.25,00,000/-.
(3.) After notice by the Claim Tribunal, the Insurance Co. appeared and filed written statement but neither the owner nor the driver of the offending tanker appeared in court or filed any written statement and so, the case proceeded exparte against them. The Insurance Co.-the opposite party no.2 in the written statement filed in the court below denied the claim of the claimants on the ground that though the vehicle in question was insured with the Insurance Company on the relevant date but the claim application was bad due to non-joinder and mis-joinder of necessary parties as the owner and insurer of the offending scooter were not impleaded as parties. The further pleading was that the accident took place because of the rash and negligent driving of the scooter by the driver and since there was a contributory negligence on the part of the driver of the offending scooter also, they are equally liable to pay the compensation amount and the amount claimed by the claimants is highly excessive.;