Gauhati High Court
Page No.# 1/4 vs M/S United India Insurance Co. ... on 7 March, 2022
Page No.# 1/4
GAHC010020282020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./46/2020
SMTI. LAKHI DAS AND 3 ORS
(WIFE OF THE DECEASED), R/O- KALIPUR RIVER SIDE, KALIPUR,
KAMAKHYA, GUWAHATI, DIST.- KAMRUP(M), ASSAM, PIN- 781009.
2: MISS RUMI DAS
(DAUGHTER OF THE DECEASED)
R/O- KALIPUR RIVER SIDE
KALIPUR
KAMAKHYA
GUWAHATI
DIST.- KAMRUP(M)
ASSAM
PIN- 781009.
3: SRI SANKAR DAS
(SON OF THE DECEASED)
R/O- KALIPUR RIVER SIDE
KALIPUR
KAMAKHYA
GUWAHATI
DIST.- KAMRUP(M)
ASSAM
PIN- 781009.
4: SRI SHIVA DAS
(SON OF THE DECEASED)
AS THE APPELLANTS NOS 2
3 AND 4 ARE MINORS ARE REP HEREIN BY APPELLANT NO. 1
I.E. BY THEIR MOTHER. R/O- KALIPUR RIVER SIDE
KALIPUR
KAMAKHYA
GUWAHATI
DIST.- KAMRUP(M)
ASSAM
Page No.# 2/4
PIN- 781009
VERSUS
M/S UNITED INDIA INSURANCE CO. LTD. AND ANR
REGIONAL OFFICE, CHIBBER HOUSE, G.S. ROAD, GUWAHATI, DIST.-
KAMRUP(M), ASSAM, PIN- 781005.
2:SRI PABIN MAHANTA
FATHER OF LATE JISHNU KUMAR MAHANTA (DRIVER)
R/O- KAMAKHYA GATE
WEST DURGASAROVAR
P.S. BHARALUMUKH
GUWAHATI
DIST.- KAMRUP(M)
ASSAM
PIN- 781009
Advocate for the Petitioner : MR. S CHAMARIA
Advocate for the Respondent : MR. S DUTTA
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
JUDGMENT
Date : 07-03-2022
Heard Mr. S. Chamaria, learned counsel appearing for the appellants as well as
Mr. K. Dutta, 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 30.10.2019 passed by the MACT
No.3, Kamrup (M), Guwahati in MAC Case No. 2980/2016.
3. On 21.02.2016 at about 11.50 p.m. while the deceased was crossing the road,
he was hit by motor cycle bearing Regd. AS-01-BU-2930. As a result of the accident,
the deceased lost his life. Therefore, his wife, two children and his mother jointly filed a
claim petitioner under Section 166 of the Motor Vehicle Act 1988 seeking
compensation.
4. The respondent/insurance company contested the claim petition by filing a
written statement. The respondent denied the pleadings of the appellant that the
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deceased was earning Rs.15,000/- per month as a carpenter is baseless. The
respondent also denied the involvement of the motor cycle bearing Regd. AS-01-BP-
2930.
5. The tribunal did not frame any issues. The appellant examined one witness and
the respondent/claimant examined one witness. On the basis of the evidence on
record, the tribunal awarded an amount of Rs.11,40,000/-.
6. The only reason for filing this appeal by the appellant is that without any basis
the tribunal had notionally held the monthly income of the deceased to be
Rs.6,000/-. According to the appellant, the deceased was a self employed carpenter.
Therefore, there cannot be any question for filing any document to prove the
income. The appellant also pointed out that an amount Rs.500/- was deducted from
the notional income of the deceased on account of pocket money expenses.
7. I have given my anxious consideration to the submissions made by the learned
counsels for both sides.
8. Under the given circumstances of the case, this Court has reasoned to agree
with the tribunal so far as the monthly income of the deceased is concerned but this
Court is not agree with the tribunal when Rs.500/- was deducted from the yearly
income of the deceased on account of pocket money expenses. According to Sarla
Verma reported in (2009) 6 SCC 121, the tribunal has correctly held the multiplicand
to be 15.
9. Therefore, the impugned judgment deserved to be modified as under-
Annual income Rs.72,000/-
40% future prospect Rs.28,800/-
.............................................
Total-Rs,1,00,800/-
¼ is deducted- Rs.75,600/-X15= 11,34,000/-
Consortium, funeral expenses etc.=Rs.70,000/-
..................................................................
Total-Rs.12,04,000/-
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10. The appeal is partly allowed. The impugned judgment is modified. The
appellant is entitled to Rs.12,04,000/-. The compensation shall carry interest as
directed by the tribunal. There are two minor children left behind the deceased.
Therefore, Rs.3,00,000/- each shall be kept fixed deposited in a bank in the name of
the minors till they would attain majority. If any of them has attained majority by now,
the aforesaid direction shall not be application for him/her. The mother of the
deceased shall be entitled to Rs.1,00,000/- out of the total compensation. The
remaining compensation amount shall be given to claimant Smti. Lakhi Das.
Return the LCR.
JUDGE
Comparing Assistant
