Gauhati High Court
The National Insurance Company ... vs Smti Rekha Barman And 6 Ors on 15 March, 2021
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GAHC010017072015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./152/2015
THE NATIONAL INSURANCE COMPANY LTD
SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA,
REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA 700071,
REPRESENTED BY THE ASSTT. MANAGER, GAUHATI REGIONAL OFFICE,
BHANAGAGARH, GUWAHATI - 781005
VERSUS
SMTI REKHA BARMAN and 6 ORS
W/O LATE MANTU BARMAN
2:MISS DEEPAMONI BARMAN
D/O LATE MANTU BARMAN
3:MISS SUNU BARMAN
D/O LATE MANTU BARMAN
4:MISS MONI BARMAN
D/O LATE MANTU BARMAN
5:MISS RUMI BARMAN
D/O LATE MANTU BARMAN
ALL ARE R/O VILL. and P.O. MUGURIA
DIST. BARPETA
ASSAM
PIN 781301
6:NIROD BAISHYA
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S/O LATE RAJENDRA BAISHYA
VILL. and P.O. BARNARDDI KALBARI
DIST. NALBARI
ASSAM
PIN 781335
7:MD. RAJIB ALI
S/O MOHAR ALI
VILL. BARAM ROAD
P.S. and P.O. BARAMA
DIST. NALBARI
ASSAM
PIN 78134
Advocate for the Petitioner : MS.R D MOZUMDAR
Advocate for the Respondent : MR.L P NATHR-6and7
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
JUDGMENT
Date : 15-03-2021
Heard Ms. R. D. Mozumder, the learned counsel appearing for the appellant as well as
Mr. P.D. Nair and Mr. A.J. Sharma, the learned counsel appearing for the respondent.
2) The instant appeal is filed under Section 173 of the Motor Vehicles Act, 1988
(hereinafter referred to as "MV Act") is preferred against the judgment and award dated
21.01.2015, passed by the learned Additional District Judge (FTC) No. 3, Kamrup, in MAC
Case No. 1960/2009. This appeal has been filed for enhancement of award.
3) The MAC Case No. 1960/2009 revolved around the death of 35 years old person
because of a motor accident. The Tribunal used the multiplier of 15 and monthly income of
the deceased to be Rs. 4000/- per month. Thereafter, the future prospect of 50% was added.
The calculation made by the Tribunal is as under:
Loss of dependency = Rs. 8,10,000/-
Funeral and other expenses = Rs. 25,000/-
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Loss of estate = Rs.10,000/-
Loss of consortium to the claimant no. 1 = Rs. 1,00,000/-
Loss of love and guidance to other 4 claimants = Rs. 4,00,000/-
Total = Rs. 13,45,000/-
4) The Insurance Company has claimed that the deceased was below 40 years of age,
therefore, the future prospect should have been 40%.
5) Therefore, the only point for determination is as to whether the Tribunal had erred in
adding 50% of future prospect.
6) In National Insurance Company Limited Vs. Pranay Sethi & Others reported in (2017)
16 SCC 680, a five Constitution Bench of Hon'ble Supreme Court has held that in case of a
self employed or fixed salaried person 40% of the income should be added. Moreover, so far
as the funeral expenses, loss of estate, loss of consortium and loss of love and guidance to
others are concerned, Pranay Sethi (supra) has made it clear that for all these heads, all
together an amount of Rs. 70,000/- shall be paid. Therefore, the correct calculation will be
like this :
Loss of dependency : Rs.4000/- + Rs. 1600/-
Rs.12.5,600/- x12= Rs. 67,200/-
Rs. 67,200/ - Rs. 16,800/- =Rs.50,400/-
Rs. 50,400/- x 15 = 7,56,000/-
Funeral and other expenses
Loss of estate = Rs. 70,000/-
Loss of consortium to the claimant no. 1
Loss of love and guidance to other four claimants
Total = Rs. 8,26000/-
7) That being the position, the respondent will be entitled to received Rs. 8,02,600/- only
instead of Rs. 13,45,000/-
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8) The appeal is allowed. It is hereby directed that the respondent shall be entitled to
received Rs. 8,26000/- only from the appellant Insurance Company. The Insurance Company
has already deposited Rs. 10,000/- on 14.10.2015, out of the earlier awarded amount of Rs.
13, 45000/. The remaining Rs. 1,74,000/- shall be return to the Insurance Company. The rate
of interest will be 6% per anum from 14.10.2015.
The appeal is allowed with the aforesaid observation.
JUDGE
Comparing Assistant
