Gauhati High Court
Reliance General Insurance Co. ... vs Lakhimi Das And 4 Ors on 5 April, 2021
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GAHC010012382015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./87/2015
RELIANCE GENERAL INSURANCE CO. LTD
HAVING ITS REGISTERED OFFICE and HEAD OFFICE AT RECTIFIER HOUSE
570, NIGAM CROSS ROD, RD WADALA, MUMBAI 400031 AND ITS BRANCH
OFFICE AT ANIL PLAZA, ABC, G.S. ROAD, GUWAHATI 781005
REPRESENTED BY THE MANAGER, GUWAHATI OFFICE, ANIL PLAZA, G.S.
ROAD, GUWAHATI 781005
VERSUS
LAKHIMI DAS and 4 ORS.
W/O SRI AJIT KUMAR DAS
2:AJIT KUMAR DAS FATHER
3:MISS POOJA DAS SISTER
D/O SRI AJIT KUMAR DAS
ALL ARE THE RESIDENTS OF VIP
JOGIPARA
P.S. AZARA
DIST KAMRUP
ASSAM
Advocate for the Petitioner : MR.R GOSWAMI
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
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ORDER
Date : 05-04-2021
Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. D. Mondal,
the learned counsel for the respondent.
This is an appeal u/s 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as
"MV Act") directed against the judgment and order dated 20.12.2013, passed by MAC Case
No. 1829/2010.
On 29.09.2010, the deceased, Dipankar Das was going from Chaygaon towards
Azara in his Motorcycle, bearing registration No. AS -01 AF 1171, near Roybari Petrol Pump,
was knocked down by a winger vehicle bearing registration no. AS 14-C/1056. The winger hit
the deceased from behind, as a result of which, the deceased sustained grievous injuries and
died on the same day. The claimant alleged that the accident occurred because of rash and
negligent driving by the driver of the winger vehicle on the basis of the accident Azara P.S.
Case No. 264/2010 was registered.
On receipt notice, after filing of the claim case, the present appellant Insurance
Company only contested the case by filing written statement. On the basis of the pleadings of
the parties the Tribunal framed the following issues :
1. Whether the victim Dipankar Das died as a result of injuries sustained by
him in the alleged road accident dated 29.09.2010 involving the vehicle
bearing No. AS-14-C-1056(Winger), and whether the said accident took
place due to rash and negligent driving of the driver of the offending
vehicle ?
2. Whether the claimants are entitled to receive any compensation and if yes,
to what extent and by whom amongst the opposite parties, the said
compensation amount will be payable ?
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During the course of hearing, the claimant examined three witnesses. The present
appellant/Insurance Company examined one witness.
On the basis of the evidence on record, the Tribunal passed the impugned judgment.
The calculation for assessment of compensation made by the Tribunal is as under :
"Net Total Monthly Income : Rs. 9,800/-
Loss of dependency for one year : Rs. 9,800/- x 12
: Rs. 1,17,600/-
Add 50% as future prospects : Rs. 1,17,600/- + 50%
: Rs. 1,76,400/-
Less 50% deduction : Rs. 1,76,400 divided by 2
: Rs. 88,200/-
Multiplier : 18
: Rs. 88,200/- x 18
Loss of Dependency : Rs. 15,87,600/-
Besides this, the claimants are also entitled to funeral expenses as well as some amount of
general damages are awarded as follows :
Total Compensation : Rs. 15,87,600/-
Funeral expenses : Rs. 25,000/-
Loss of estate : Rs.5000/-
Transportation of Body of the deceased : Rs. 5000/-
Total Rs. 16,222,600/-"
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Today, in view of the Hon'ble Supreme Court decision in National Insurance Company
Limited Vs Pranay Sethi and others, (2017) 16 SCC (680) Mr. Mondal has fairly submitted a
fresh calculation. It goes like this :
Monthly Income : Rs. 9,800/-
Annual Income : Rs. 9,800/- x12
= Rs, 1,17,600/-
Add 40% as future prospects : Rs. 1,17,600/- x 40 divided by 100
: Rs. 47,040/-
Total annual loss : Rs. 1, 17, 600+ Rs. 47,040/-
= Rs. 1,64,640/-
Less 50% deduction : Rs. 1,64,640/- divided by 2
: Rs. 82,320/-
Multiplier : 18
Total Loss of Dependency : Rs. 82,320/- x 18
= Rs. 14,81,760/-
I have heard Mr. R. Goswami, the learned counsel for the appellant on this issue.
This Court finds that the calculation made by Mr. D. Mondal is the correct one.
Therefore, the appeal is allowed. The claimant shall be entitled to Rs. 14, 81,760/-
instead of Rs. 16, 22, 600/-. The Insurance Company is directed to pay the aforesaid Rs. 14,
81,760/- within next two months from today. The interest part of the impugned judgment
shall remain intact. Out of the awarded amount, Rs. 5,00,000/- shall be kept fixed deposited
in a Nationalized Bank in the Home District for a period of three years in the name of the
claimant no. 1.
The Insurance Company will be at liberty to deduct the interim award, if already
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paid to the claimant.
The appeal is disposed of with the aforesaid observation.
JUDGE
Comparing Assistant
