- (1.) THIS appeal by the claimants-appellants for enhancement of compensation is directed against the judgment and award dated 6th january, 2006 passed by Motor Accident claims Tribunal, Giridih in Compensation case No. 1 of 2003 whereby he has awarded a sum of Rs. 4,00,000/- by way of compensation for the death of one Shankar yadav in a motor vehicle accident. Claimants- appellants are the widow, five minor daughters and mother of the deceased.
(2.) CLAIMANTS-APPELLANTS filed claim application under the provisions of section 163-A of the Motor Vehicles Act for grant of compensation. Claimants case was that the deceased, aged about 35 years, was returning after finishing his work by a motorcycle. When the motorcycle reached near Dukhlaran Baba more, a truck bearing registration No. BR-23-6004 being driven rashly and negligently dashed the motorcycle as a result of which, the deceased sustained grievous injuries and was taken into hospital where he died on the same day. Claimants' case was that the deceased was a contractor having labour licence No. 2359 dated 27th October, 1998 and was employee in M/s. Ati Bir Hi Tech (Pvt.) Ltd. , Giridih. His annual income of Rs. 71,280/ -. Claimants, therefore, claimed compensation of rs. 8,23,000/ -.
(3.) THE owner and the driver of the truck appeared and filed written statement stating, inter alia, that the vehicle was insured with New India Assurance Co. ltd. , Giridih (respondent No. 4) and the motorcycle was also insured with the said Company. Hence, the insurer of the vehicle is liable to pay compensation. Respondent Insurance company also contested the claim by filing written statement taking usual defence that the drivers of the motorcycle and the truck in question have not proved their valid driving licence atthe relevant time. Claimants examined witnesses and also proved certified copy of F. I. R. (Ext. 1), Final Form (Ext. 2), Heirship Certificate (Ext. 3), copy of provident fund sheet (Exts. 4 and 5), P. M. Report (Ext. 6), Accident report (Ext. 7), zimanama (Ext. 8), copy of contract labour licence (Ext. 9), Income-tax returns (Ext. 10), employee Provident Fund Scheme (Ext. 11)and insurance policy (Exts. 12 and 12/1 ).;