Gauhati High Court
National Insurance Co. Ltd vs On The Death Of Bakul Chetiah on 28 October, 2024
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/6
GAHC010285832018
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./31/2019
NATIONAL INSURANCE CO. LTD
HAVING ITS REGISTERED AND HEAD OFFICE AT 3, MIDDLETON STREET,
KOLKATA 700071 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD,
BHANGAGARH, GUWAHATI 781005
VERSUS
ON THE DEATH OF BAKUL CHETIAH, HIS LEGAL HEIR-
S/O DIMBESWAR CHETIA, R/O VILL. SANTAPUR, P.O. LAHALIAL, P.S.
BIHPURIA, DIST. LAKHIMPUR, ASSAM, PIN 784160
1:a) PINKY CHETIA
W/O LT. BAKUL CHETIA
R/O VILL. SANTAPUR
P.O. LAHALIAL
P.S. BIHPURIA
DIST. LAKHIMPUR
ASSAM
PIN 784161
1:c) REKHA CHETIA
AGE 6 MONTHS
D/O LT. BAKUL CHETIA
R/O VILL. SANTAPUR
P.O. LAHALIAL
P.S. BIHPURIA
DIST. LAKHIMPUR
ASSAM
PIN 784161
1:b) MISS BORNALI CHETIA
D/O LT. BAKUL CHETIA
Page No.# 2/6
R/O VILL. SANTAPUR
P.O. LAHALIAL
P.S. BIHPURIA
DIST. LAKHIMPUR
ASSAM
PIN 784161
1:d) LALITA CHETIA
MOTHER OF LT. BAKUL CHETIA
R/O VILL. SANTAPUR
P.O. LAHALIAL
P.S. BIHPURIA
DIST. LAKHIMPUR
ASSAM
PIN 784161
2:MD. SAHID ALI
S/O MD. MANNAF ALI
R/O WARD NO. 3
P.O. AND P.S. ABHYAPURI
DIST. BONGAIGAON
ASSAM
PIN 783384
3:SAJIDUR RAHMAN
S/O MD. AKBAR ALI
R/O C.D. ROAD
WARD NO. 3
P.O. AND P.S. LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN 7870001
4:CHIEF REGIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.
CHIBBER HOUSE
M.S.S. PATH
CHRISTIANBASTI
P.O. AND P.S. DISPUR
GUWAHATI
ASSAM
PIN 781005
5:JAYANTA BHUYAN
S/O MANIK BHUYAN
R/O VILL. SANDAHKHOWA
P.O. AND P.S. LAKHIMPUR
DIST. LAKHIMPUR
Page No.# 3/6
ASSAM
PIN 78700
Advocate for the Petitioner : MR. A J SAIKIA, MR. K BORAH,MR. U K DUTTA,MS B
KASSHYAP,MR. B KAKATI
Advocate for the Respondent : MR. P GOGOI, MR. B BARUAH,FOR CAVEATOR,MS. M
ACHARYYA,MR. R CHOUDHURY,MR B ACHARYYA,MR. B J MUKHERJEE,MR. P GOGOI,MR.
B BARUAH
Linked Case : I.A.(Civil)/135/2019
NATIONAL INSURANCE CO. LTD
HAVING ITS REGISTERED AND HEAD OFFICE AT 3
MIDDLETON STREET
KOLKATA 700071 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD
BHANGAGARH
GUWAHATI 781005
VERSUS
SHRI BAKUL CHETIA AND 4 ORS
S/O DIMBESWAR CHETIA
R/O VILL. SANTAPUR
P.O. LAHALIAL
P.S. BIHPURIA
DIST. LAKHIMPUR
ASSAM
PIN 784160
2:MD. SAHID ALI
S/O MD. MANNAF ALI
R/O WARD NO. 3
P.O. AND P.S. ABHYAPURI
DIST. BONGAIGAON
ASSAM
PIN 783384
3:SAJIDUR RAHMAN
S/O MD. AKBAR ALI
R/O C.D. ROAD
WARD NO. 3
Page No.# 4/6
P.O. AND P.S. LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN 7870001
4:CHIEF REGIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.
CHIBBER HOUSE
M.S.S. PATH
CHRISTIANBASTI
P.O. AND P.S. DISPUR
GUWAHATI
ASSAM
PIN 781005
5:JAYANTA BHUYAN
S/O MANIK BHUYAN
R/O VILL. SANDAHKHOWA
P.O. AND P.S. LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN 787001
------------
Advocate for : MR. A J SAIKIA
Advocate for : MR. P GOGOI appearing for SHRI BAKUL CHETIA AND 4 ORS
::: PRESENT:::
THE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
For the Appellant : Mr. A.J. Saikia,
Advocate.
For the Respondents: Mr. B. Baruah and
Mr. H. Buragohain, Advocates.
Date of Hearing : 02.08.2024.
Date of Judgment : 28.10.2024.
JUDGMENT AND ORDER (CAV)
Heard Mr. A.J. Saikia, learned counsel representing the appellant as well as Mr. B. Baruah and
Mr. H. Buragohain learned counsel appearing for the respondents.
2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and
award dated 09.10.2018 passed by the learned Member, Motor Accident Claims Tribunal No.2,
Kamrup (Metro), Assam in MAC Case No.62/2014.
Page No.# 5/6
3. On 05.10.2013 at about 11.30 A.M., Sri Bakul Chetia was working as a handyman in vehicle
bearing Registration No. AS-07-C-0631 (Trax Cruiser). On that day, the vehicle was plying from North
Lakhimpur side towards Bihpuria. When the said vehicle stopped at Gendheli for picking up
passengers, one MAX Pickup Van bearing Registration No.AS-03-E-1608 had hit Bakul Chetia. He
sustained grievous injuries. As a result of which, both the legs of Bakul Chetia had to be amputated.
4. At the time of the accident, Bakul Chetia was 22 years old and he was earning ₹5,000/- per
month.
5. A claim petition was filed before the Tribunal. The Insurance Company had contested the case by
filing written statement. According to the Insurance Company, the vehicle in which Bakul Chetia was
working had collided with the vehicle bearing Registration No.AS-07-C-0631. The Insurance Company
claimed that the accident occurred because of the vehicle where Bakul Chetia was travelling.
6. The claimant examined himself only. He submitted medical vouchers. The present appellants did
not examine any witness.
7. Finally, the Tribunal allowed the claim petition and directed the appellant Insurance Company to
pay a compensation of ₹27,11,038/- along with existing bank interest.
8. Aggrieved by the aforesaid judgment, the appellant Insurance Company filed the present appeal.
9. I have considered the submission made by the learned counsel of both sides.
10. This Court is of the opinion that the learned Tribunal has erroneously calculated the compensation
amount.
11. The calculation should have been like this-
1. Income ₹5,900/-
2. Future prospect @ 40% ₹2,360/-
_______
₹8,260/-
Annual Income : ₹8,260 x 12= ₹99,120/-
After deduction of 25% for personal expenses, the 75%
of the annual income will be : ₹99,120 - ₹24,780/-
=₹74,340/-
Multiplier 18 (for age 21 to 25 years) :
₹74,340 x 18 = ₹13,38,120/-
Total Compensation
Loss of Income : ₹13,38,120/-
Medical Expenditure : ₹1,61,638/-
Attendance Charges : ₹25,000/-
Nutrition and diet etc. : ₹25,000/-
_________________
₹15,49,758/-
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12. The appeal is allowed. The impugned judgment and award dated 09.10.2018 passed by the
learned Member, Motor Accident Claims Tribunal No.2, Kamrup (Metro) in MAC Case No.62/2014
stands modified accordingly.
13. The Insurance Company is directed to pay ₹15,49,758/- to the claimant along with interest at the
rate of 6% per annum to be calculated from the date of filing of the claim petition. The compensation
amount shall be deposited within next 6(six) weeks in the Motor Accident Claims Tribunal No.2,
Kamrup (M), Guwahati.
14. The statutory deposit shall be returned to the Insurance Company.
Send back the LCR.
JUDGE
Comparing Assistant
