Page No.# 1/5 vs Jeuti Kalita And 6 Ors
2022 Latest Caselaw 2333 Gua

                                                              Page No.# 1/5

GAHC010082302022




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

                            I.A.(Civil)/1950/2022

         THE ORIENTAL INSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT
         1956. REPRESENTED BY ITS REGIONAL MANAGER
         ULUBARI
         GUWAHATI 07


          VERSUS

         JEUTI KALITA AND 6 ORS.
         W/O LATE PRAMOD KALITA RESIDENT OF VILLAGE NAVAPUR
          PS BOKO
          DIST KAMRUP
          ASSAM 781135

         2:RAJIB KALITA
         S/O LATE PRAMOD KALITA
         RESIDENT OF VILLAGE NAVAPUR
          PS BOKO
          DIST KAMRUP
         ASSAM 781135
          3:MITALI KALITA
         D/O LATE PRAMOD KALITA (MINOR)
         RESIDENT OF VILLAGE NAVAPUR
          PS BOKO
          DIST KAMRUP
         ASSAM 781135
          4:MR. KISHORI MOHAN NATH
         S/O HARKISHORE NATH

         RESIDENT OF VILLAGE DEBATTAR BAPUPARA
         PO AND PS AGIA
         DIST GOALPARA
         ASSAM 783120
                                                        Page No.# 2/5

5:SRI IUM DAS

S/O LATE NRIPEN DAS
RESIDENT OF VILLAGE SALMARI
PO AND PS AGIA
DIST GOALPARA
ASSAM 783120
6:NATIONAL INSURANCE COMPANY LIMITED

REPRESENTED BY ITS REGIONAL MANAGER
G.S ROAD
BHANGAGARH
GUWAHATI 5
7:SRI MADAN KALITA
S/O BHABENDRA KALITA

RESIDENT OF VILLAGE CHAIKATA
PO RAJAPARA
PS BOKO
DIST KAMRUP
ASSAM. 781135
------------
Advocate for : MR. S K GOSWAMI
Advocate for : appearing for JEUTI KALITA AND 6 ORS.

                  In Case No. : MACApp./345/2022

THE ORIENTAL INSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956.
REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI 07



VERSUS

JEUTI KALITA AND 6 ORS.
W/O LATE PRAMOD KALITA
RESIDENT OF VILLAGE NAVAPUR, PS BOKO, DIST KAMRUP , ASSAM
781135

2:RAJIB KALITA
 S/O LATE PRAMOD KALITA
RESIDENT OF VILLAGE NAVAPUR
 PS BOKO
 DIST KAMRUP
ASSAM 781135
                                                   Page No.# 3/5

3:MITALI KALITA
 D/O LATE PRAMOD KALITA (MINOR)
RESIDENT OF VILLAGE NAVAPUR
 PS BOKO
 DIST KAMRUP
ASSAM 781135

4:MR. KISHORI MOHAN NATH
 S/O HARKISHORE NATH

RESIDENT OF VILLAGE DEBATTAR BAPUPARA
PO AND PS AGIA
DIST GOALPARA
ASSAM 783120

5:SRI IUM DAS

S/O LATE NRIPEN DAS
RESIDENT OF VILLAGE SALMARI
PO AND PS AGIA
DIST GOALPARA
ASSAM 783120

6:NATIONAL INSURANCE COMPANY LIMITED

REPRESENTED BY ITS REGIONAL MANAGER
G.S ROAD
BHANGAGARH
GUWAHATI 5

7:SRI MADAN KALITA
 S/O BHABENDRA KALITA

RESIDENT OF VILLAGE CHAIKATA
PO RAJAPARA
PS BOKO
DIST KAMRUP
ASSAM. 78113

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : MR. A R AGARWALA
                                                                             Page No.# 4/5


                                  BEFORE
                   HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                        ORDER

Date : 18.07.2022

Heard Mrs. R. D. Mozumdar, the learned counsel appearing on behalf of the applicant and Mr. A.R. Agarwalla, the learned counsel appearing on behalf of the claimant Nos.1, 2 & 3.

Vide the judgment and award dated 4/3/2022 passed by the Member, Motor Accident Claims Tribunal No. 2, Kamrup(M) at Guwahati in MAC Case No. 215/2018, the Tribunal had awarded an amount of Rs. 65,79,192/- and directed the appellant/Insurance Company to pay the said amount alongwith interest @ 7.5% per annum from the date of filing the claim petition.

The learned counsel for the applicant submits that the Tribunal have taken the age of the deceased on the basis of the post mortem report but as per his Pan Card the age of the deceased was i.e. 51 years 7 months as on the date of the accident and as such, the applicable multiplier should have been 11 and not 13 as was applied by the learned Tribunal. He further submits that the future prospects ought to have been 10% and not 25% as considered by the Tribunal. He submits that the liability as per the Insurance Company would be Rs.46,01,187/- along with interest @7.5% per annum from the date of filing of the claim petition i.e. from 03/02/2018.

Considering the said submission, this Court therefore stay the impugned judgment and award dated 4/3/2022 passed in MAC Case No. 215/2018 subject to deposit of Rs.46,01,187/- along with applicable interest @ 7.5% per annum from the date of filing of the claim petition i.e. 3/2/2018 before the Tribunal within a period of 6(six) weeks from today and thereafter upon such deposit, the Tribunal shall apply the said multiplier in terms with paragraph 41 of the judgment and award dated 4/3/2022.

Page No.# 5/5

The IA stands disposed off accordingly.

JUDGE

Comparing Assistant