- (1.) THIS appeal is directed against the judgment and award dated 22.11.2005 Passed by the Motor Vehicle Accident Claims Tribunal, Ranchi in Compensation Case No. 224 of 1997 whereby a sum of Rs. 12,05,000.00 has been awarded by way of compensation on the death of deceased late Om Prakash Verma. The facts of the case lie in a narrow compass:
(2.) THE deceased Om Prakesh Verma was traveling in a government jeep from Patna to Dhandaha where he was posted as Sub Divisional Officer. On the highway, when the jeep was on the left bank of the road one truck coming from opposite direction dashed against the jeep which resulted in the death of the deceased. The truck was insured with the appellant -Insurance Company. The Tribunal taking the monthly salary of the deceased at Rs. 12,680.00 assessed the compensation amount of Rs. 12,05,000.00. Although on the quantum of compensation the appeal can not be entertained at the instance of the Insurance Company but in the instant case Mr. D. C. Ghose submitted that firstly leave Under Section 170 of the Motor Vehicles Act was taken by the Insurance Company and secondly that the compensation assessed by the Tribunal is perverse in as much as in the claim petition the claimants have stated that the monthly salary of the deceased was Rs. 9,790.00, but the Tribunal has taken Rs. 12,680.00 as monthly salary of the deceased. Learned Counsel further submitted that although a sum of Rs. 50,000.00 was paid under Section 140 of the Motor Vehicles Act but the said amount has also not been deducted out of the total compensation.
(3.) A separate application has been filed by the Insurance Company purported to be under Order 41 Rule 27 of the C. P. C. for adducing the copy of the salary certificate as an additional evidence wherein the net salary of the deceased was shown as Rs. 9,790.00.;