MACC No.

14/2017
1

District- Koderma

In the Court of District Judge-III cum M.A.C.T., Koderma

Present : Tarun Kumar,

District Judge-III cum M.A.C.T.,
Koderma

Dated, Koderma, 30th Day of June, 2022.

Motor Accident Claims Case No. 14 of 2017.

(JHKD01-000667-2017)

1.Dara Prasad S/o Late Bhola Mahto,

R/o village- Barawan, Post. Barawan, P.S. Barkatha,
Dist. Hazaribagh.
2.Goura Devi @ Shobha Devi
3.Soni Devi @ Soniya Devi
Both D/o Late Bhola Mahto & W/o Raghu Mandal
R/o village-Kandrapdih, P.O.-Hirodih
P.S.-Jainagar District-Koderma ………….Applicants

Versus

1. Ideal Movers P. Ltd.

Ground Floor, Nandniketan,Shopping complex, Essaar Township,
Hazira, Surat Dist. Surat, Gujarat.
(owner of Trailer No.-MH06AC-7728 ).

2. Branch Manager,
The New India Assurance Co. Ltd.
D.O. -III,(230300) Ist Floor,
Saifee BLDG, Dutch Road, Nanpura, Gujarat-395001
Insurer of Vehicle No.-MH06AC-7728 )
Through Branch Manager, the New India Assurance Co. Ltd.
Lepo Road, Laxmi Cinema Complex, Hazaribagh

3. Amit Kumar S/o Chandradeo Prasad Yadav

R/o- Boriya P.S.- Madhuwan District-Motihari (Bihar)
(Driver of Trailer No.MH06AC-7728 )
…...Opposite parties

Valuation of the Claim : Rs.12,21,600/-

Court Fee paid. : Rs.7,258/-
Interim compensation paid – Nil
For the Applicant : Sri Nakul Kumar, Adv.
For the O.P. No.1 : Sri Gautam Kumar Das, Adv.
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2

1. The instant claim application has been filed on behalf of

above named Claimants/Applicants u/s.140 and 166 of M. V. Act with a

prayer claiming compensation amount of Rs.12,21,600/- on account of

death of deceased namely Bhola Mahto, who died due to vehicular

accident by Trailer No MH-06AC-7728.

2. The case of the applicants/claimants in brief is that the

applicants have submitted that the deceased Bhola Mahto, S/o Late Riya

Mahto, R/o village-Barawan, P.S.-Barkatha, District-Hazaribagh was

their father, who unfortunately died due to vehicular accident on

02.06.2016 at 08:00 A.M. near Sadar Hospital, Koderma when he was

going with his son-in-law namely Raghu Ram to Sadar

Hospital,Koderma for his treatment when the driver of the trailer No.

MH06AC-7728 was coming rashly and negligently driving the vehicle

and dashed the deceased Bhola Mahto which resulted to severe accident

and the deceased got head injury and consequently died on the spot at

about 8.00 O’clock on 02.06.2016. Thereafter post-mortem of the

deceased was made in Sadar Hospital, Koderma and a written complaint

was lodged in Koderma police station and then the dead body of the

deceased was handed over to the family of the deceased for cremation. It

is alleged in this context that the dead of the deceased was caused due to

rash and negligent driving made by the driver of Teller no. MH06AC-

7728. The deceased was the only earning member in his family and he

left by surviving his son namely Dara Prasad and daughter Goura Devi

@ Shobha Devi and Soni Devi @ Sonia Devi. The wife of the deceased
 MACC No. 14/2017
3

Bhola Mahto namely Chunari Devi died after one year of his death. It is

alleged further on behalf of the claimants that the deceased Bhola Mahto

was aged about 57 Years at the time of his death and he was by

profession a labourer only earning member in his family earned Rs.

12000/- per month. The claimants have made dependents of the

deceased in this case and their name with detail relation with the

deceased given in the plaint as follows :- -

Persons Relation with deceased Age

(a) Dara Prasad Son 30 Years

(b) Rekha Devi Daughter-in-law 28Years

(c) Shobha Devi Daughter 35 years(married)

(d)Soni Devi Daughter 25 years (married)

(e) Suraj Kumar Grand Son 06 Years

(f)Holika Kumari Grand daughter 08 Years

(g) Priyanshu Kumari Grand daughter 04 Years

The claimants have filed bonafide documents in support of their

claim as follows :-

(a) C.C of FIR of Koderma P.S. Case no.98/2016,

(b) CC of Charge-Sheet of Koderma P.S. case no.98/2016,

(c) CC of post-mortem of deceased Bhola Mahto,

(d) Original voter card of deceased Bhola Mahto,

(e) Death certificate of deceased Bhola Mahto(Downloaded),

(f) Photo copy of owner book of Vehicle No. MH-06AC-7728,

(g) Photo copy of certificate of insurance,

(h) Photo copy of Family List,

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4

(i) Photo copy of voter card of the deceased Bhola Mahto,

(j) Photo copy of death certificate of the deceased Bhola Mahto,

(k) Photo copy of permit certificate of Vehicle No. MH-06AC-7728,

(l) Photo copy of death certificate of Chunari Devi W/O Late Bhola Mahto.

And in this way they have submitted that the vehicle

involved in the accident causing the death of the deceased father of the

claimants, was responsible for the death of the deceased and to get

adequate compensation to the claimants who have been made the owner

and driver of the vehicle and the insurance company with the name and

detail of their address as necessary parties in the suit and in this way the

claimants have made prayer to get adequate compensation against the

death claim of their father from the O.Ps. Rs.12,21,600/- with interest

12% from the date of application till the date of actual payment made by

the O.Ps. to them.

3. It appears on the case record that the claimants have served

notice to the O.Ps (1 to 3) and in respond to the notice the Insurance

Company, The New India Assurance Co. Ltd. appeared with written

statement with power on 09.03.2018 but O.P.1 and OP No. 3 have not

appeared in spite of publication of Gazette for their appearance in the

case and then after hearing the proceeding against both of them O.P.1

and O.P.3 has been taken up for ex-parte, vide order dated 29.11.2019

and 23.02.22 respectively.

4. The OP No. 2, Insurance Company (The New India

Assurance Co. Ltd.) has submitted written statement on behalf of the

 MACC No. 14/2017
5

Insurance Co. stating therein that the claim of the applicants is not

maintainable and it is fit to be dismissed at once. The claim petition

suffers from mis-joinder and non-joinder of necessary parties and also

by the law of weaver, estoppal and acquiescence. The offending

vehicle’s driver and owner have failed to comply the provision of

Sec.3,4,133, 134 and 158 of M. V. Act, so they are responsible for the

claim, if any. The present claim is also hit by the provisions as contained

in the M. V. Act. The claim application has not disclosed the relevant

particulars for proper adjudication of the matter and it is vague and

confusing. The OP has further submitted that the alleged accident

happened on 02.06.2016 at about 08:00 A.M, in which the vehicle

no.MH06AC-7728 was involved in which the deceased died with

grievous head injury, has been denied by this OP and submitted in this

context that the claimants have to prove not only the alleged accident but

also the allegations leveled against the driver of the offending vehicle for

rash and negligent driving. These OPs further denies all the contents of

the claim petition and submitted in this context that the claimants are

required to produce and put to strict proof of the documentary evidence

regarding age, income of the deceased as well as claimants must have to

prove that they are legal heirs and real claimants and they are

dependents on the deceased. This O.P. No. 2 has also made objection

against the income and occupation of the deceased Bhola Prasad. On

behalf of Insurance co., this O.P. has further submitted that the owner of

the vehicle may be directed to produce R. C. Book, Tax token, Route

 MACC No. 14/2017
6

permit, valid and effective license of the driver with certificate of DTO

and other necessary vehicular documents to prove that on alleged date of

occurrence the documents were in order and effective. In the event of

non-production of these documents this OP is not liable to indemnify the

loss, if any. The OP has further submitted that they have denied the

entire allegations regarding the manner in which the alleged accident

said to have been occurred on 02.06.2016 at about 08:00 A.M. They

have further submitted that they have prayed for leave of the Tribunal to

amend the written statement as and when new facts are brought into

notice of the answering OP and they reserve their right to file additional

written statement, if requires at any stage of hearing. They have further

submitted that without any documentary evidence, death certificate,

post-mortem report and family list of the accused, the claimants may be

ordered to file the all necessary documents against the claim. It is further

submitted that the amount Rs.12,21,600/- with interest and cost claimed

by the claimants is very much highly excessive and the OP can’t be

forced without any evidence to provide such excess amount from their

end to the claimants and in this way this OP has denied the claim of the

claimants for getting compensation amount of Rs.12,21,600/- against the

OP No. 2 The New India Assurance Co. Ltd. and further prays to dismiss

the claim petition.

5. On the basis of pleadings of the parties following issues

have been settled for adjudication of the matter in controversy :-

 MACC No. 14/2017
7

I S S U E S

(1) Is the claim case as filed maintainable ?

(2) Have the claimants valid cause of action for this claim case ?

(3) Are the claimants entitled to the claim amount, if yes, from whom
and to what extent ?

(4) Has the accident taken place due to rash and negligent driving by the
driver of offending vehicle Trailer No. MH-06AC-7728 ?

(5) Has the driver of the offending vehicle valid and effective driving
license at the time of accident ?

(6) Is the vehicle Trailer No. MH-06AC-7728 insured with New India
Insurance Co. Ltd. ?

(7) To what relief or reliefs the claimants are entitled ?

F I D I N G S

6. On behalf of claimants both oral as well as documentary

evidence has been produced on the case record vide AW 1 Goura Devi

@ Shobha Devi, AW 2 Dara Prasad and AW 3 Soni Devi @ Sonia Devi

and AW 4 Raghu Mandal.

The documentary evidence produced on behalf of claimants is :-

Ext.1- C.C of FIR of Koderma P.S. Case no.98/2016

Ext.2- CC of Charge-Sheet of Koderma P.S. case no.98/2016.

Ext.3- CC of Post-Mortem of deceased Bhola Mahto

Ext.4- Original voter card of deceased Bhola Mahto

Ext.5- Death certificate of deceased Bhola Mahto(Downloaded)

Ext. X for Identification, the photo copy of owner book of Vehicle No.
MH-06AC-7728.

Ext. X/1 Photo copy of certificate of insurance.

Ext. X/2 Photo copy of Family List.

Ext. X/3 Photo copy of voter card of the deceased Bhola Mahto.
 MACC No. 14/2017
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Ext. X/4 Photo copy of death certificate of the deceased Bhola Mahto.

Ext. X/5 Photo copy of permit certificate of Vehicle No. MH06AC-7728.

Ext. X/6 Photo copy of death certificate of Chunari Devi W/O Late Bhola Mahto.

7. On behalf of OP no. 2 ( The New India Assurance Co. Ltd. )

documentary evidence produced on case record in denial of the claim of

the claimants.

The documentary evidence submitted on behalf of OP no.2

is Ext.A the Original certificate issued by DTO from public vehicle

department Kolkatta vide Memo No. MV/LIC/1939 dated 26.02.2018.

8. Issues No. 3,4, 5 & 6 :- These issues are taken together for the

shake of convenience because these issues are the main issues enter

related to each other for proper appreciation of the case. The claimants

of this case have produced oral evidence in support of the case in which

CW 1 is Goura Devi @ Shobha Devi daughter of the deceased Bhola

Mahto. She has deposed in her statement that deceased Bhola Mahto

was her father who died due to road accident on 02.06.2016. At the time

of his death, her father was aged about 57 years. Her father along with

Raghu Ram was going to Sadar Hospital Koderma for treatment on

02.06.2016. when a Trailer bearing no. MH-06AC-7728 came rashly and

negligently dashed Bhola Mahto, which resulted to serious road accident

in which her father got severe head injury and consequently he died at

the moment at the spot near Sadar Hospital, Koderma. Thereafter his

post-mortem was made in Sadar Hospital and the dead body of deceased

father was handed over to them for cremation. She has further deposed
 MACC No. 14/2017
9

that her father was Mukhiya of the family earning Rs.12,000/- per month

from the work as a labourer and he was the only source of income of the

family, who died at the age of 57 years and she has claimed for

compensation against the death of her father for herself and her sister

Soni Devi @ Soniya Devi and brother Dara Prasad total compensation

amount Rs.12,21,600/-. She has further admitted in her cross-

examination that her father was a mason by profession and at the time of

occurrence she was not present at the P.O. with him.

AW 2 Dara Prasad is the son of the deceased Bhola Mahto,

who has also given corroborative statement in support of the case that

his father Bhola Mahto died due to road accident by the Trailer No. MH-

06AC-7728 coming rashly and negligently driven by the driver of the

vehicle and committed accident to his father, who got head injury and

consequently died at the moment at the P.O. and he was the only earning

member in his family, earning Rs.12,000/- per month as a labour and he

died due to accident committed by the alleged vehicle at the age of 57

years and they have claimed Rs.12,21,600/- as compensation against his

death along with two sisters. Similar statement was given by AW 3 Soni

Devi @ Soniya Devi, D/o of the deceased Bhola Mahto that her father

died due to accident committed by the alleged Trailer MH-06AC-7728

near Sadar Hospital, Koderma when he went to Hospital for his

treatment and then after post-mortem, the dead body was handed over to

them for cremation. She has also claimed Rs.12,21,600/- as

compensation against death of her father along with her sister Gauri
 MACC No. 14/2017
10

Devi and Sobha Devi and brother Dara Prasad and according to her

statement her father died at the stage of 57 years of his age, earning

Rs.12,000/- per month as a labourer.

AW 4 Raghu Mandal is the son-in-law of the deceased Bhola

Mahto who has also given corroborative statement in his deposition that

on the alleged date of occurrence on 02.06.2016 at about 08:00 A.M. in

the morning when he was going to Sadar Hospital along with the

deceased Bhola Mahto, when all of a sudden a Trailer came there rashly

and negligently and dashed the deceased negligently causing grievous

head injury to him and consequently he died at the spot, then the official

formality of post-mortem was done in the Sadar Hospital, Koderma and

his dead body was released to them for cremation. He has also admitted

the claim of the claimants very much just and proper and the deceased

died at the age of 57 years and earning Rs.12,000/- per month and total

claim amount is Rs.12,21,600/-. This witness has admitted that the

alleged occurrence was happened in his presence when Trailer No. MH-

06AC-7728 dashed the deceased negligently and rashly in his presence

at the P.O. and he died due to vehicular accident.

9. It appears further on behalf of claimants that they have filed

documentary evidence vide Ext. 1 C.C. of FIR of Koderma P.S. Case

No. 98/2016 against driver of Trailer No. MH-06AC-7728, u/s 279, 338,

304 (A) IPC, Ext. 2 C.C. of charge sheet of Koderma P.S. Case No.

98/2016, Ext. 3 C.C. of post-mortem report of deceased Bhola Mahto,

 MACC No. 14/2017
11

Ext. 4 Original voter card and Ext. 5 Death certificate of the deceased

Bhola Mahto downloaded through Net and also the other documents

photo copy of owner book of the vehicle No. MH-06AC-7728, photo

copy of certificate of Insurance, photo copy of family list, photo copy of

voters card of deceased Bhola Mahto, photo copy of death certificate of

Bhola Mahto, photo copy of permit certificate of the vehicle No. MH-

06AC-7728 and photo copy of death certificate of Chunari Devi, W/o

Bhola Mahto and these documents have been marked in the series of X

for their identification, viz X, X/1, X/2, X/3, X/4, X/5 and X/6

respectively.

10. On behalf of OP No. 2 The New India Assurance Company

Ltd. certificate issued by DTO from public vehicle Department, Kolkatta

vide Memo No. VL/LIC/1939, dated 26.02.2018 filed in original to

show that DL bearing No. WB01211766017 was not issued by the

Office of DTO and the said document has been marked as Ext. A on

behalf of OP No. 2.

11. At the time of argument of this case, the Ld. Advocate for the

claimants has submitted that they have produced all the necessary

documents in support of their claim and they deserve to get

Rs.12,21,600/- from the OP, the Insurance Company against the death

claim of their father.

12. Whereas the Ld. Advocate appearing for the OP No. 2 The

New India Assurance Company Ltd. has made objection against the
 MACC No. 14/2017
12

claim of the claimants stating that they are not liable to pay

compensation because the driving license of the driver of the vehicle

was found not true, issued by DTO, Kolkatta vide Ext. A. On the other

hand there is no proof of income of the deceased and also for

contributory negligence on the part of deceased, when the deceased

himself committed accident and in such circumstances the OPs are not

responsible to pay compensation. The claim if any, it may be realized

from the owner and driver of the vehicle and the Insurance Company is

nothing to do with that.

13. Now while appreciating the argument submitted on behalf

of both parties and on perusal of the material available on the case

record, it is crystal clear that admittedly the death of the deceased Bhola

Mahto was happened due to vehicular accident which the claimants as

well as OP no.2 has also supported in their statement and OP could not

discard the said fact in their evidence. On the other hand the

documentary evidence produced on behalf of the claimants for the death

of Bhola Mahto Ext.1, Ext.2 FIR and charge-sheet of Koderma P.S. Case

No. 98/2016 with respect to the rash and negligent driving by the vehicle

Trailer No. MH-06AC-7728 goes to show that the deceased Bhola

Mahto died due to vehicular accident and the driver of the offending

vehicle has been charge-sheeted vide Ext.2 in Koderma P.S. Case

no.98/2016, vide charge sheet No. 159/2016, dated 31.07.2016, u/s 279,

338 and 304A of IPC. The post-mortem report of the deceased is also on

the record which has been marked Ext. 3 showing the death of the
 MACC No. 14/2017
13

deceased Bhola Mahto caused due to vehicular accident at the age of 57

years at the time of post-mortem. Admittedly the death was caused due

to vehicular accident. The claimants have also filed documents to show

death certificate of the deceased Bhola Mahto and voter list vide Ext. 4

& 5 respectively to show the deceased died at the age of 57 years and

further the vehicle was insured and relevant documents concerned to the

vehicle with the Insurance has been filed in photo copy marked in the

series of X for identification without any objection of the OP Insurance

Company. On the other hand OP No. 2 The New India Assurance

Company has filed documentary evidence Ext. A to show the driving

license of the driver produced on behalf of claimants is not genuine. In

this context it is apparent on the case record that the driver of the

offending vehicle and also the owner of the vehicle have not appeared

on the case record and the proceeding against both of them has been

taken up ex-parte in this case vide order dated 29.11.2019 & 23.02.2022

respectively, So apparently there is no pleadings of the owner and driver

of the vehicle available on the case record but on the other hand it is also

true on the basis of oral as well as documentary evidence produced on

behalf of claimants that the offending vehicle Trailer No. MH-06AC-

7728 was duly insured with the New India Assurance Company Ltd. at

the time of alleged occurrence and in such circumstance the OP No. 2,

The New India Assurance Co. Ltd. can not shift their liability from

making compensation against the insured vehicle involved in the alleged

occurrence in which a life of a human being has been ruined due to his
 MACC No. 14/2017
14

unnatural death caused by the offending vehicle Trailer No. MH-06AC-

7728 insured with the OP No. 2 and in the circumstance the Insurance

Company is certainly liable for each and every liability in terms of the

Insurance Policy and any objection made on behalf of OP No. 2 is not

legally sustainable in the eyes of law. Further the vehicle was not found

with any disorder condition at the time of committing accident in which

the deceased lost his life and in such case there is no word to say by the

OP No. 2 that the death of deceased was caused by any other reason

except that to the accident caused by rash and negligent driving by the

offending vehicle which was insured with the OP No. 2 The New India

Assurance Co. Ltd. So admittedly in this case the offending vehicle MH-

06AC-7728 has found responsible for committing unnatural death of the

deceased due to accident committed by rash and negligent driving in

which a life of an innocent person has been lost and his dependents have

made prayer for compensation against his death claim. So far the

question raised on behalf of OP No. 2 against the driver and owner of

the vehicle in their pleadings, in this context it appears that the law is

very clear that the Insurance Company can compensate and realize the

compensation amount paid by them to the claimants after wards from

both of them OP No. 1 and OP No. 3 (the owner and driver of the

vehicle) by the process of law and hence in the present circumstances of

the case, it appears that the claim of the claimants against the death of

their father Bhola Mahto appears very much just and proper who are

surviving dependents of the deceased and there is no objection filed on

 MACC No. 14/2017
15

the record to discard their statement for the claim against the death of

their father the deceased Bhola Mahto. Now as per the evidence

available on the case record it appears clearly that the deceased Bhola

Mahto was a labourer by profession and there was no fixed or regular

source of income produced for him on behalf of the claimants on the

case record. In such circumstance it appears that the OP No. 2 The New

India Assurance Co. Ltd. could not be able to falsify it in their pleadings

and admittedly the age of the deceased was at the time of alleged

occurrence was assessed about 57 years and he was by profession a

labourer as per their statement and the claim application is filed within

time in proper jurisdiction of the claim Tribunal. So in the present facts

and circumstances of the case and also material available on record and

it clearly appears that the insurance co. OP No. 2 The New India

Assurance Co. Ltd. is liable to pay compensation against the death claim

of Bhola Mahto to his dependents, the claimants of this case and they are

found to have all responsibilities and liabilities with the terms and

conditions of the insurance co. The New India Assurance Co. Ltd.,

against the offending vehicle owner's Trailer No. MH-06AC-7728

insured with them. So at this stage any objection made by the insurance

co., The New India Assurance Co. Ltd. against the claim of the

claimants is not just and proper. and hence the aforesaid all issues (from

3 to 6 ) are hereby decided in favour of the claimants and against the OP.

No. 2 New Indian Assurance Company accordingly.

 MACC No. 14/2017
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14. Issues No. 1, 2 & 7 :- These issues are also taken together for the

shake of convenience because the main issues has already been

discussed at length in which the claim is found very much just and

proper against OP No. 2 The New India Assurance Co. Ltd. Hence in the

present facts & circumstances of the case the claim appears maintainable

in the proper jurisdiction of the claim tribunal and there is valid cause of

action for the claim against the death of Bhola Prasad who unfortunately

died due to vehicular accident committed by the offending vehicle duly

insured with The New India Assurance Co. Ltd. who has all

responsibilities against the insurance policy covered with terms and

conditions between offending vehicle’s owner (insurer and the insurance

Co.). Hence, these issues are also decided in favour of claimants and

against OP No. 2 New India Assurance Company Limited on contest.

With this order the Claim Application filed on behalf of the

Claimants is allowed in the interest of Justice.

Accordingly for computation of the award with respect to

the death claim of the deceased Bhola Mahto, his age is assessed about

57 years in accordance with the evidence available on the case record as

follows :- Computation of Award

15. The age of deceased Bhola Mahto has been assessed 57

years as per the evidence available on the case record. Further it also

appears that he was a labourer at the time of his death. As per the

statement of the claimants and by his private profession he was earning

 MACC No. 14/2017
17

Rs.12,000/- per month whereas insurance co. OP No. 2, has made

objection and there is no any documentary evidence produced on behalf

of the claimants even to show the exact/real income of the deceased on

case record. Therefore the income of the deceased as a labourer, appears

not regular as per the material available on record. In the present facts &

circumstances of the case, it is estimated and assessed that his income as

a labourer would be about Rs.6,000/- per month and this amount is

hereby taken for the calculation of claim against the death of deceased

Bhola Mahto and this amount Rs.6,000/- is not excessive in the present

hard days for the livelihood of a person in any circumstance income as a

whole for earning of a private person for the family. Hence the same is

hereby taken up for the calculation of claim against the death of

deceased Bhola Mahto, Rs. 6,000/- per month.

16. Hence in the instant case for computation of compensation

of the claim/award the following discussions has been made against the

death claim of deceased Bhola Mahto.:-

17. As per the aforesaid discussion the monthly income of the

deceased Bhola Yadav is assessed Rs.6,000/per month as a daily private

labourer and he was not in a permanent service. Therefore, as per

principles laid down by the Hon’ble Supreme Court in the case, as per

the decision of National Insurance Co. Ltd. Vs. Prayan Shetty and

others, 2017 (4) (TAC 673) (SC) and also in the case of Sarla Verma &

Ors Vs. Delhi Transport Corporation & Anr. (6) SCC 121 it appears in
 MACC No. 14/2017
18

the present case that in computation to the age of the deceased assessing

57 Years and his monthly income Rs.6,000/ at the time of his death and

hence the total income yearly calculated is Rs.6,000/X12=Rs.72,000/-

(Seventy two thousand only) per annum.

Future Prospects of income of the deceased Bhola Prasad

Since he was a daily labourer and not in a permanent govt.

service, hence future prospect of his income is calculated 10% of the

annual income =Rs.7,200/(Seven thousand two hundred only). The net

annual income with future prospect of income of the deceased

Rs.72,000/ + 7,200/-=79,200/(Seventy nine thousand and two hundred

only).

Deduction made in the net annual income of the deceased

Since the deceased Bhola Prasad have three dependents

(Son-Dara Prasad and Daughters Shobha Devi and Soni Devi), hence

for proper calculation of the claim having three dependents 1/3th of the

net annual income of the deceased i.e. 1/3th of Rs.79,200/(Seventy nine

thousand and two hundred only) =Rs.26,400/-(Rs. Twenty six thousand

Four hundred).

Therefore, the net annual income of the deceased after deduction

Rs.79,200/ - Rs.26,400/ =Total Rs.52,800/- (Rs. Fifty two thousand

Eight hundred only).

 MACC No. 14/2017
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Multiplier used in Calculation with the age of the deceased:-

The deceased was aged 57 years at the time of his death,

therefore, the multiplier will be 9 computing with the net annual income

after deduction i.e. Rs.52,800/-x 9 = Rs.4,75,200/-(Rs. Four lac Seventy

five thousand two hundred only).

In additional to the aforesaid amount the following heads of

the claim is also being added as per law- for loss of consortium

Rs.40,000/, loss of estate Rs.15,000/- and loss of funeral expenses

Rs.15,000/- Total amounting to Rs.70,000/-(Rs. Seventy thousands

only).

Total claim amount to be paid Rs.4,75,200/-

+Rs.70,000/=Rs.5,45,200/-(Rs. Five lac forty five thousand and two

hundred only).

18. It also appears on the case record that during pendency of

the claim the claimants have not prayed for, with their petition for

interim relief u/s 140 of M. V. Act and they have not taken any interim

relief against the compensation as submitted by both the parties and the

said petition is accordingly disposed of with this order and the claimants

are entitled to get total amount of compensation Rs.5,45,200/-(Rs.Five

lac forty five thousand and two hundred only) with 6 % interest from

the date of filing of the present claim petition.

 MACC No. 14/2017
20

19. Hence in the present claim case, the claimants are entitled

to get total compensation amount from the Insurance Company O.P. No.

2 New India Assurance Com. Ltd. total claim amounting to

Rs.5,45,200/-(Rs. Five lac forty five thousand and two hundred only)

with 6% interest from the date of filing of the present claim petition

equally in the share of the claimants and O.P. No-2 The New India

Assurance Co. Ltd. is to make payment of compensation amount of

Rs.5,45,200/-(Rs. Five lac forty five thousand and two hundred only)

with 6% interest from the date of filing of the present claim petition to

the applicants namely Dara Prasad, Goura Devi @ Shobha Devi & Soni

Devi @ Soniya Devi, all the three dependents of the deceased Bhola

Mahto through account payee cheque drawn in the names of claimant

Nos. 1 Dara Prasad, claimant No. 2 Goura Devi @ Shobha Devi &

claimant No. 3 Soni Devi @ Soniya Devi within 30 days from the date

of this order along with 6% interest from the date of filing of the present

claim application u/s 166 of M. V. Act till it’s realization.

20. With this order office is directed to supply the copy of

award free of cost to the opposite party No. 2 The New India Assurance

Com. Ltd. for facilitating payment of award amount with interest to the

claimants as ordered within stipulated time.

 MACC No. 14/2017
21

Judgment/award pronounced in open Court signed, sealed

and delivered on 30th Day of June, 2022.

(Dictated and corrected by me) (Dictated)

District & Addl. Sess.Judge-III-cum- District & Addl. Sess.Judge-III-cum-

M.A.C.T. Koderma. M.A.C.T. Koderma.

30.06.2022 30.06.2022