JUDGMENT : I.A. No.6934 of 2018. 1. Learned counsel for the appellant has submitted that I.A. No.6934 of 2018 has been filed under Section 5 of the Limitation Act for condonation of delay of 51 days in preferring the instant appeal. 2. Learned counsel for the claimants/respondents has opposed the prayer and has submitted that there is delay of 51 days but proper explanation has not been given, as such, delay may not be condoned. 3. Having heard learned counsel for the parties and considered the statements made in the Interlocutory Application, delay of 51 days in preferring the instant appeal is hereby condoned. 4. I.A. No.6934 of 2018 stands disposed of. M.A. No. 462 of 2018 5. Heard, learned counsel for the appellant and learned counsel for the respondent nos.1 to 5. 6. The National Insurance Co. Ltd. is the appellant before this Court. 7. Appellant-National Insurance Co. Ltd. has preferred this appeal against the award dated 09.02.2018 passed by the learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No.197 of 2010, whereby the claimants have been awarded compensation to the tune of Rs.20,36,000/-along with interest @ 9% per annum from the date of admission of the claim application under Section 166 of M.V. Act i.e. 26.08.2013 till its realization. 8. Learned counsel for the appellant has assailed the impugned award on three counts: (i) The income assessed by the learned Tribunal is bad in law and without any documentary evidence rather on the basis of claim made by the claimant, as such, the computation of compensation has been made on excess side; (ii) on the second ground of excess interest i.e. instead of interest @ 7.5% from the date of filing of the claim application, the learned Tribunal has granted simple interest @ 9% from the date of admission of the claim application i.e. 26.08.2013, as such, the rate of interest has been excessively granted contrary to the judgment passed by the Hon'ble Apex Court in the case of Dharmpal and Sons Vs. UP State Road Transport Corporation, 2008 (4) JCR 79 SC. UP State Road Transport Corporation, 2008 (4) JCR 79 SC. (iii) Learned counsel for the appellant has assailed the impugned award on third ground that the deceased-Daljeet Singh Munda was standing on the gate of the bus and because of sudden applying of break, the deceased fell down outside the bus and the bus ran over him and he died at the spot, as such, it appears that there is contributory negligence on the part of the deceased also which the learned Tribunal has failed to consider. 9. Per contra, learned counsel for the claimants/respondents has submitted that in absence of any evidence adduced by the Insurance regarding income of the deceased there is no ground for the appellant to assail the same. Learned counsel for the claimants/respondents has further submitted that the quantum of the compensation can only be challenged, if the appellant before preferring an appeal has taken permission by filing an application under Section 177 of the M.V. Act otherwise Insurance Company has no right to challenge the quantum of compensation. 10. Learned counsel for the claimants/respondents has further submitted that if interest @ 7.5% as pleaded by the appellant is allowed, the claimants shall get more interest as here the claimants is getting interest @ 9% per annum from the date of admission of application i.e. 26.08.2013 till its realization which shall be to the tune of Rs.11,91,060/-but if the same is considered @ 7.5% from the date of application i.e. 2010 then the interest for 9 years shall be Rs.13,74,300/-, as such, learned counsel for the claimants/respondents has further submitted that the grounds taken by the appellant is only to delay the disposal of Miscellaneous Appeal. Learned counsel for the claimants/respondents has further submitted that the contributory negligence cannot be argued at this stage in absence of any issue framed before the learned Tribunal nor any evidence has been led by the Insurance Company before the learned Tribunal to substantiate the same, that there is contributory negligence on the part of the deceased-Daljeet Singh Munda, as such, plea cannot be allowed at the stage of appeal, in absence of any legal materials before the learned Tribunal. 11. Heard, the learned counsel for the parties and perused the materials brought on record. This Court has examined the impugned judgment. 11. Heard, the learned counsel for the parties and perused the materials brought on record. This Court has examined the impugned judgment. It appears that the deceased-Daljeet Singh Munda was working as an agent in Bajaj Allianz General Insurance Company Limited having earning of more than Rs.10,000/- per month but no positive evidence has been brought on record on behalf of the Insurance Company to show that the deceased has less income than as Rs.10,000/-per month, as such, the income which has been considered by the learned Tribunal cannot be interfered in appeal in absence of any legal material. 12. So far the rate of interest is concerned, since the claimant has not filed any appeal for enhancement of the interest from the date of filing of claim application, as such, considering the just and fair compensation along with interest @ 9% per annum from the date of admission of claim application though it is contrary to the judgment passed by the Hon'ble Apex Court in the case of Dharmpal and Sons (Supra), this Court is not interfering in the same, as the same shall make marginal difference and in absence of appeal preferred by the claimants on these counts, the same cannot be enhanced by way of giving interest @ 7.5 per annum from the date of filing in view of Section 171 of M.V. Act. The ground of contributory negligence has not been assailed by the Insurance Company before the learned Tribunal nor even mentioned in the written statement filed by the Insurance Company. 13. Under the aforesaid circumstances, such issue cannot be allowed to be raised in appeal which has not been pleaded before the learned Tribunal, as such, the appeal being devoid of merit, is hereby DISMISSED. 14. The right to recover given against the owner of the offending vehicle-Nagendra Prasad Jaiswal, S/o Dwarika Prasad Jaiswal, Flat No.101, Abhinandan Apartment, Jatra Tand, Kokar, Ranchi shall remain intact as notice has been served upon him by affixing the same on the door by the process server on 15.06.2019 and the owner has deliberately not appeared before this Court. 15. The right to recover given against the owner of the offending vehicle-Nagendra Prasad Jaiswal, S/o Dwarika Prasad Jaiswal, Flat No.101, Abhinandan Apartment, Jatra Tand, Kokar, Ranchi shall remain intact as notice has been served upon him by affixing the same on the door by the process server on 15.06.2019 and the owner has deliberately not appeared before this Court. 15. The Registrar General of this Court is directed to refund the statutory amount deposited by the appellant at the time of filing of Miscellaneous Appeal, within a period of four weeks from the date of the filling of the requisition/application for the same by the counsel for the appellant. 16. It is expected that the Insurance Company shall satisfy the award within a reasonable time as the fruits of the claim application has not been given to the claimants. 17. So far I.A. No. 4833 of 2019 filed for stay of the proceedings is concerned, the same is hereby closed.