Shriram General Insurance Co. Ltd vs Smti Manju Brahma And 6 Ors
2023 Latest Caselaw 1040 Gua

Citation : 2023 Latest Caselaw 1040 Gua
Judgement Date : 16 March, 2023

Gauhati High Court

Shriram General Insurance Co. Ltd vs Smti Manju Brahma And 6 Ors on 16 March, 2023

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GAHC010003802017




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

                       Case No. : MACApp./466/2018

         SHRIRAM GENERAL INSURANCE CO. LTD.
         1000-E/8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN
         302022 AND HAVING A BRANCH OFFICE AT B.R. ARCADE, 3RD FLOOR-21
         JANAPATH, ULUBARI, GUWAHATI-781007



         VERSUS

         SMTI MANJU BRAHMA and 6 ORS,
         VILL. BANARGAON, P.O. BANARGAON, P.S. DOTMA, DIST. KOKRAJHAR,
         BTC, ASSAM, PIN CODE 783347

         2:BIRKHANG BRAHMA
          S/O LT. RAGHU NATH BRAHMA

         3:SIKWNA BRAHMA
          S/O LT. RAGHU NATH BRAHMA

         4:SMTI MWNABILI BRAHMA
          D/O LT. RAGHU NATH BRAHMA

         5:SMTI PHUNGBILI BRAHMA
          D/O LT. RAGHU NATH BRAHMA
         ALL ARE R/O VILL. BANARGAON
          P.O. BANARGAON
          P.S. DOTMA
          DIST. KOKRAJHAR
          BTC
         ASSAM
          PIN CODE 783347
          RESPONDENT NOS. 2 and 3 BEING MINORS ARE REPRESENTED BY THEIR

LEGAL GUARDIAN

Page No.# 2/4

6:SUKLESWAR RAY

S/O SRI NIRMAL RAY R/O VILL. GHANDAL P.O. CHIPANCHILA P.S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN 783380

7:KAMAL RAY S/O SRI KHIROD RAY R/O VILL. CHIPANCHILA P.O. CHIPANCHILA P.S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN 78338

Advocate for the Petitioner : MR. R GOSWAMI

Advocate for the Respondent : MR. I A TALUKDAR

PRESENT THE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

For the Appellant : Mr. R. Goswami, Advocate.

For the Respondents : Mr. I. Talukdar, Advocate.

Date of Hearing : 14.03.2023. Date of Judgment : 16.03.2023.

JUDGMENT AND ORDER (CAV)

Heard Mr. R. Goswami, learned counsel representing the appellant as well as Mr. I. Talukdar, learned counsel appearing for the respondents.

Page No.# 3/4

2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment dated 23.12.2015 passed by the learned Member, Motor Accident Claims Tribunal, Kokrajhar in MAC Case No.47/2013.

3. On 14.05.2013, the deceased Raghunath Branma was hit by a Tata Mobile vehicle bearing Registration No.AS-19C-1022. He sustained serious injuries and on 15.05.2013, he succumbed to his injuries. He was 47 years old at that time and was earning a gross salary of Rs.21,614/- per month. He left behind his wife, two sons and two daughters.

4. The Tribunal framed the following issues:

(1) Whether on 14.05.2013, at about 3 P.M. Raghunath Brahma sustained injury and later, died when a rashly and negligently driven vehicle bearing Registration No.AS-19C-1022 knocked him down on the road?

(2) Whether the driver of the offending vehicle was at fault?

(3) Whether the claimant is entitled to compensation from the owner and the Insurer of the offending vehicle and to what extent?

5. During hearing, the claimant two witnesses.

6. The Tribunal calculated the compensation like this-

i) Salary ----- Rs.21,614/-

ii) 30% of (i) above to be added as future

prospect. Rs.21,614/- + Rs.6,484/-

=Rs.28,098/-

1/4th of (ii) deducted as personal expenses

iii) Page No.# 4/4

of the deceased. Rs.28,098/- - Rs.7,024/-

=Rs.21,074/-

iv) Compensation after multiplier of 13 is applied (Rs.21,074/- X 12 X 13)

----- Rs.32,87,544/-

v) Loss of consortium ----- Rs.1,00,000/-

vi) Funeral expenses ----- Rs.25,000/-

Rs.34,12,544/-

7. I have the considered the submissions made by the learned counsels of both sides.

8. I find that the learned Tribunal has correctly appreciated the evidence and arrived at a correct finding. The impugned judgment does not deserve interference of this Court.