1 IN THE HIGH COURT OF JHARKHAND AT RANCHI M. A. No. 408 of 2016 The New India Assurance Comp. Ltd., Office at Kamani Centre, Bistupur, Town-Jamshedpur, Dist.- Singhbhum East (Jharkhand). .... .. ... Appellant(s) Versus 1(a) Rajeshwar Kumar, S/o Late Mahabir Prasad and Late Kamla Devi 1(b) Binita Kumari, D/o Late Mahabir Prasad and Late Kamla Devi 2. Shri Devraj, S/o Erappa .. ... ...Respondent(s) ........... CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Appellant (s) : Mr. Ganesh C. Jha, Advocate For the Resp.(s) : Mr. Indrajit Sinha, Advocate Ms. Ashwini Priya, Advocate …... 20/ 23.01.2025. Heard, learned counsel for the parties. 1. The instant Misc. Appeal has been preferred by the appellant- Insurance Company against the judgment/ Award dated 21.04.2016 passed by learned 3rd District Judge III cum MVACT at Jamshedpur. 2. As per the case of the claimants/ parents of the deceased is that their son died in a motor vehicle accident involving truck having Registration No.KA-05A 746 occurred on 28.03.2011 in Bangalore and at that time, the deceased was riding a Motorcycle when it met with the accident. 3. The claim case was filed by the parents of the deceased impleading the owner and insurer of the offending mini truck as party. 4. The learned Tribunal awarded a compensation of Rs.12,68,775/- along with interest @9% per annum from the date of filing of the claim case till its payment under Section 166 of the M.V. Act. 5. The judgment/ Award has been impugned on the ground that it was a case of contributory negligence and the accident took place while the deceased was riding the Motorcycle in a rash and negligent manner. Issue No.II was framed in this regard, but the same has been answered in favour of the claimants. 6. It is also argued that the vehicle, in question, was not having a valid permit and in this regard, the Investigator’s report (Ext. B & C) was adduced into evidence on behalf of the Insurance Company. 7. On perusal of the impugned judgment I find that learned Tribunal has assigned specific reasons in Para-10 of the judgment and the plea that the vehicle was without permit has not been accepted for the reason that the Investigator was not examined before the learned Tribunal. 8. On perusal of the records, it appears that the claimants in support of his case adduced into evidence direct eye-witness being AW.2 (Rishabh Kumar) who had deposed in Para-04 that on 28.03.2011, the deceased 2 was going by his Motorcycle and he was also following on his own motorcycle while in the outer Ring Road/ Service Road, Bangalore and the accident took place due to rash and negligent driving of the said Truck having Registration No.KA-05A 746. There was no question put to him on this in the cross-examination to controvert and contradict the testimony of this witness. 9. Further the FIR and the Charge-sheet have also been adduced into evidence which have been marked as Exts.2 and 5. From Ext.2, it is evident that FIR was lodged against the driver of the offending vehicle. Police after investigation found the case to be true and submitted charge- sheet against the driver. 10. In this view of the matter, I do not find any infirmity in the impugned Award/ judgment passed by the learned Tribunal that the accident took place due to rash and negligent driving by the driver of the offending Truck having Registration No.KA-05A 746. 11. Accordingly, the impugned judgment/ Award of compensation passed by the learned Tribunal is affirmed and the instant Misc. Appeal stands dismissed. 12. The statutory amount deposited by the appellant- Insurance Company will be remitted to the learned Tribunal for payment to the claimant(s) which would be adjusted against the final compensation amount. 13. The appellant- Insurance Company is directed to deposit the compensation amount before the learned Tribunal within six weeks from today. However, any ad-interim amount disbursed to the claimant(s) under Section 140 of the M.V. Act will be deducted from the final compensation amount. Thereafter the compensation amount will be disbursed to the claimant within two weeks. (Gautam Kumar Choudhary, J.) Sandeep/