Gauhati High Court
New India Assurance Co. Ltd vs Smt. Babita Singh @ Singha And 6 Ors on 7 March, 2022
Page No.# 1/4
GAHC010046492019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./197/2019
NEW INDIA ASSURANCE CO. LTD.,
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 M.G. ROAD,
FORT, MUMBAI AND ITS REGIONAL OFFICE AT G.S. ROAD,
BHANGAGARH, GUWAHATI-5.
VERSUS
SMT. BABITA SINGH @ SINGHA AND 6 ORS.
W/O- LATE BIJOY SINGHA,
R/O- VILL.- KUMARGAON, WARD NO. 3, P.S. DERGAON, DIST.- GOLAGHAT.
2:SRI BIREN SINGHA
FATHER OF THE DECEASED
R/O- VILL.- KUMARGAON
WARD NO. 3
P.S. DERGAON
DIST.- GOLAGHAT.
3:MISS KABITA SINGHA
SISTER OF THE DECEASED.
R/O- VILL.- KUMARGAON
WARD NO. 3
P.S. DERGAON
DIST.- GOLAGHAT.
4:JOY SINGHA
BROTHER OF THE DECEASED.
R/O- VILL.- KUMARGAON
WARD NO. 3
P.S. DERGAON
DIST.- GOLAGHAT
Advocate for the Petitioner : MR. R GOSWAMI
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Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
JUDGMENT
Date : 07-03-2022
Heard Mr. R. Goswami, learned counsel appearing for the appellant as well as
Ms. A.G. Choudhury, learned counsel representing the respondents.
2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (as
amended) against the Judgment and Award dated 07.12.2018 passed by the MACT
No.2, Kamrup (M), Guwahati in MAC Case No. 492/2016.
3. The factual matrix leading to filing of this appeal lies within a very short campus.
One person died in a motor accident. His wife, his father, his sister and his brother
jointly filed a claim petition before the tribunal. The tribunal awarded a total
compensation of Rs.47,90,397/-
4. The tribunal further held that the father, brother and sister of the deceased are
not his dependence and therefore, they are not entitled to any compensation.
5. The learned counsel Mr. Goswami has pointed out that though the tribunal had
held that only the wife of the deceased is the dependent then 1/3 of the total yearly
income of the deceased should not have been deducted on account of personal
expenses of the deceased. Referring to Sarla Verma (SMT) and Ors. -vs- Delhi
Transport Corporation and Anr. reported in (2009) 6 SCC 121, Mr. Goswami has
submitted that this judgment does not say anything about deduction on account of
personal expenses if there is only one dependent.
6. The learned counsel Ms. Choudhury has submitted that the tribunal has
correctly compensation by deducting 1/3 of the annual income on account of
personal expenses.
7. I have considered the submissions made by the learned counsels for both sides.
8. At this stage a brief visit to paragraph 30 of Sarla Verma supra would be fruitful.
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Paragraph 30 reads as under-
30. Though in some cases the deduction to be made towards personal and living
expenses is calculated on the basis of units indicated in Trilok Chandra [(1996) 4 SCC 362] ,
the general practice is to apply standardised deductions. Having considered several
subsequent decisions of this Court, we are of the view that where the deceased was
married, the deduction towards personal and living expenses of the deceased, should be
one-third (1/3rd) where the number of dependent family members is 2 to 3, one-fourth
(1/4th) where the number of dependent family members is 4 to 6, and one-fifth (1/5th)
where the number of dependent family members exceeds six.
9. So Sarla Verma supra is silent if there is only one dependent. Since there is no
guideline in case there is only one dependent of the deceased it should be
calculated in the manner as in the case of a bachelor. I have decided to agree with
to Mr. Goswami on this point. Therefore, the calculation done by the tribunal needs to
be modified in the light of the aforesaid observation of this Court.
10.
Sl. Heads Calculation
No.
1. Income Rs.2,97,504/- per annum
2. 40% of Rs.2,97,504/- to Rs.2,97,504/- plus Rs.1,9,001.60
be added as future = Rs. 4,16,505.60/- per annum
prospect.
3. 50% of Rs.4,16,505.60/- Rs.4,16,505.60/-minus Rs.2,08,253/-
is deducted as =Rs.2,08,252/- per annum
personal expenses of
the decease who left
on dependent
4. Compensation after Rs.2,08,252/- X 17
multiplier of 17 is =Rs. 35,40,301/-
applied
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11. In paragraph 22 of the impugned judgment, the tribunal has correctly held that
the father of the deceased, the brother and sister of the deceased are not
dependent of the deceased. In spite of that Rs.20,000,00/- out of the total awarded
amount has been directed to be given to the father of the deceased. The tribunal
further directed to give Rs.5,000/- each out of the total awarded amount to the
brother and sister of the deceased. This view of the tribunal is contrary the view taken
by the tribunal in paragraph 22 of the judgment.
12. The father, brother and sister of the deceased cannot be held to be dependent
upon the deceased. Awarding compensation under the motor vehicles Act is not a
matter of charity. The tribunal had distributed to the father, brother and sister of the
deceased as if doing charity. This is absolutely erroneous.
13. Therefore, only the claimant/wife of the deceased is entitled to compensation
of Rs. 35,40,301/-. 50% of Rs. 35,40,301/- i.e. Rs.17,70150.50/-, rounded off to
Rs.17,70,151/- shall be kept fixed deposited in the name of the wife of the deceased
in a bank for three years. The remaining amount shall be given to the claimant/wife.
14. With the aforesaid modifications, the appeal is allowed.
Send back the LCR.
JUDGE
Comparing Assistant
