Niru Chetia vs Shriram General Insurance Co
2022 Latest Caselaw 172 Gua

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GAHC010226252014




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : MACApp./188/2014

            NIRU CHETIA
            W/O KHUSHESWAR CHETIA, R/O BOLOMA CHARIALI, P.S. TEOK, DIST.
            JORHAT, ASSAM.



            VERSUS

            SHRIRAM GENERAL INSURANCE CO.
            REP. BY BRANCH MANAGER, E-8, EPIP, RIICO, SITAPURA, JAIPUR,
            RAJASTHAN



Advocate for the Petitioner   : MS.D PAUL

Advocate for the Respondent : MS.M SAIKIAR-2




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                            ORDER

Date : 19-01-2022

1. Heard Mr. A.R. Agarwal, leaned counsel for the appellant and Mr. R. Goswami, learned counsel for the Respondent/Insurance Company.

2. This appeal is by the claimant against the judgment and award dated 27.03.2014 Page No.# 2/3

passed by the MACT, No. 2, Kamrup, Guwahati in MAC Case No. 2306/2012.

3. The primary ground for filing this appeal is that though the claimant filed the salary slip of the deceased showing that the deceased was getting Rs. 6,400/- per month, but inspite of that, the learned tribunal held that the monthly income of the deceased was Rs. 4000/-.

4. I have gone through the impugned judgment.

5. The record shows that the income of the deceased was not proved. The monthly income of the deceased should have been held at Rs. 5000/- per month. The deceased is stated to be between 22-25 years of age and therefore, multiplier should be 18. Moreover, future prospect should have been 40% instead of 50% as awarded by the learned tribunal as per the decision of the Apex Court in National Insurance Co. Vs. Pranay Sethi reported in (2017) ACJ 2700.

6. In view of the above, the quantum of modified compensation, to which the claimant is entitled is reassessed as under:

                  Loss of dependency                Rs. 7,56,000/-
                  Conventional heads                Rs.   77,000/-
                  Transportation of the body        Rs.     5,000/-
                                       Total Rs. 8,38,000/-

7. The respondent Insurance Company shall satisfy the above award with interest @ 6% p.a. by depositing the same with the Registry of this Court within one month. Any payment paid in the meantime towards satisfaction of the award shall stand adjusted.

8. The claimant shall be at liberty to withdraw the aforesaid amount on proper identification.

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9. The appeal accordingly stands allowed.

10. Send back the LCR.

JUDGE

Comparing Assistant