Amitav K. Gupta, J. - (1.) Both miscellaneous appeals arise out of the common judgment/award dated 06.03.2013 passed by Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi, in Compensation Case no.210 of 2005, whereby the compensation of Rs.2,03,400/- with interest @ 6% per annum payable from 26.02.2010 till the date of realization less the amount of Rs.50,000/- paid, under Section 140 of the M.V. Act, 1988 has been granted. The appeal being M.A. no.168 of 2013 has been preferred by New India Assurance Company Limited challenging the liability fastened upon the Assurance Company to pay compensation amount and M.A. no.273 of 2013 has been preferred by the respondents/claimants for enhancement of the awarded compensation.
(2.) Learned counsel for the appellant- The New India Assurance Company Limited has argued that it is admitted case that the deceased-Janak Singh was travelling on the roof of the Bus bearing Registration no. BR-15P-0151. That the Bus came in contact with a hanging electric wire and due to the electric shock Janak Singh died. It is argued by the learned counsel that in the given facts, it is evident that there is violation of the terms and conditions of the Insurance Policy as the deceased was travelling on the roof of the Bus. That he died on account of electric shock due to his own negligence. The owner of the Bus has committed breach of the terms and conditions of the policy by carrying passengers on the roof of the Bus, hence, the owner of the Bus is liable to pay the compensation and the Insurer should be exonerated from the liability to pay the compensation. It is urged that compensation has been awarded by assessing the income of the deceased at Rs.2,000/- per month but no document has been filed in support of the income of the deceased. On the above grounds, it is submitted that the impugned award be set aside and the appellant-The New India Assurance Company Limited be exonerated from the liability to pay compensation.
(3.) Mr. Ashutosh Anand, learned counsel for the respondent/claimant has submitted that a Full-Bench of this court in a decision rendered in the case of Giriraj Prasad Agrawal and Ors. Vs. Parwati Devi and Ors. and Kali Paharin and Ors., 2005 2 JCR 523 (Jhr) in similar facts and circumstances has held that the Insurance Company can only be exonerated of the liability to pay compensation when there is violation of terms and conditions as enumerated under Section 149(2) of the Motor Vehicle Act. In the aforesaid case the deceased was travelling as a passenger of the Bus atop the roof of the Bus and the Full Bench dismissed the plea of the Insurance Company that there is violation of terms and conditions of the policy and held that the Insurer was liable to pay the compensation. It is submitted that the compensation has been awarded by assessing the income of the deceased at Rs.2,000/- per month whereas the witnesses have stated that the deceased was a labourer and was earning Rs.3,000/- per month, hence, the Tribunal has committed an error by assessing the income of the deceased at Rs.2,000/- per month instead of Rs.3,000/- per month. That the Tribunal has committed an error in awarding a meager amount towards future expenses, loss of estate and damages with respect to love and affection.;