Page No.# 1/7 vs Md Nazrul Islam And Anr
2025 Latest Caselaw 2923 Gua

Gauhati High Court

Page No.# 1/7 vs Md Nazrul Islam And Anr on 7 February, 2025

                                                                             Page No.# 1/7

GAHC010233182018




                                                                      2025:GAU-AS:1295

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

                              Case No. : MACApp./940/2018

            MD MAHAMMAD ALI AND 3 ORS
            S/O MD, HARJAT ALI

            2: MISS MOUSUMI BEGUM
             MINOR DAUGHTER OF MD. MAHAMMAD ALI
             REPRESENTED BY HER FATHER APPELLANT NO. 1

            3: MISS BANDANA BEGUM
             MINOR DAUGHTER OF MD. MAHAMMAD ALI
             REPRESENTED BY HER FATHER APPELLANT NO. 1

            4: MD. AJMAL HUSSAIN @ AJMAL AHMED
             MINOR SON OF MD. MAHAMMAD ALI
             REPRESENTED BY HIS FATHER APPELLANT NO.

            VERSUS

            MD NAZRUL ISLAM AND ANR
            S/O MD. ABDUL AJIT
            RESIDENT OF VILLAGE NAHARBARI,
            PO ULUBARI, PS THELAMARA,
            DIST SONITPUR, ASSAM, OWNER AND DRIVER

            2:THE NEW INDIA ASSURANCE CO. LTD
            TEZPUR BRANCH
             PO AND PS TEZPUR
             DIST SONITPUR
            ASSA

Advocate for the Petitioner   : MR. P SUNDI, MS D DEKA

Advocate for the Respondent : MR. A DUTTA (R2), MR. S. PEGU (R2),MR. A J SAIKIA (R2)

Page No.# 2/7

Date of hearing : 05.12.2024.

Date of Judgment                      : 07.02.2025.



                         BEFORE
             HONOURABLE MR. JUSTICE BUDI HABUNG

                     :: Judgment and Order ::
                              [CAV]

Heard Mr. P. Sundi, learned counsel for the appellants. I have also heard Mr. A. J. Saikia, learned counsel for the respondent no.2/Insurance Company.

2. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 for enhancement of the award in the judgment and award dated 08.08.2018,passed by the learned Member, MACT, Sonitpur, Tezpur in MAC case no. 55/2017(D).

3. The appellants/claimants filed an application under Section 163(A) of the Motor Vehicle Act, 1988 for grant of compensation on account of death of his wife, Ajufa Khatun, in a motor vehicle accident on 27.05.2017. The claims were contested by the respondent. Upon conclusion of the trial, the learned Tribunal by judgment and order dated 08.08.2018, awarded a total amount of Rs. 6,46,945/- with interest at the rate of 6 % per annum from the date of filing of the case on 29.07.2017, till realization, and directed the Opposite party/New India Assurance Company Ltd. to deposit the awarded amount in favour of the claimant within 30 (thirty) days from the date of receipt of the order. The computation of the compensation awarded Page No.# 3/7

by the learned Tribunal is as follows:

"A) Annual income of the deceased Rs. 3,000/-X 12 = Rs.36,000/-

B) After deducting 1/3rd of the annual income of the deceased, amountcomes to =Rs. 24,000/-

C) After multiplied with multiplier, amount comes to Rs.24,000/-X 16 =Rs. 3,84,000/-

         D) Funeral expenses                                    =Rs. 15,000/-
         E) Loss of estate                              =Rs. 15,000/-
         F) Loss of consortium                                  =Rs. 40,000/-
         (D) Medical expenses                                   =Rs. 1,92,945/
                                   TOTAL                = Rs.6,46,945/-

(Rupees six lakhs forty-six thousand nine hundred forty-five)

only."

4. The appellant is aggrieved by the computation of the compensation, more particularly under the head "D) Funeral expenses"

where the claimants have been given only Rs. 15,000/- and under "D. Medical Expenses" which has been given Rs. 1,92,945/- only. The appellants are also aggrieved by the proportionate apportionment awarded to the 3(three) minor children of the appellant/claimant at Rs. 1,51,333/- each.

5. The ground for appeal is that although the appellant/claimant has annexed and exhibited the entire medical documents amounting to a total sum of Rs, 4,57,292/-, however, the learned Tribunal has awarded only Rs. 1,92,945/-against the total expenditure amount of Rs. 4,57,292/- without any justification. The learned counsel for the appellant submitted that as per the decision of the Hon'ble Supreme Page No.# 4/7

Court in the case of Kalpanaraj and Ors Vs. Tamil Nadu State Transport Corpn. reported in (2015) 2 SCC 764, an amount of Rs. 50,000/- has been awarded for funeral expenses and cost of litigation, therefore, the appellant prays that the awarded amount under the Funeral expenses should be increased to actual amount expended at Rs. 50,000/- from Rs. 15,000/- and the medical expenses should be increased to Rs. 4,57,292/-instead of Rs. 1,92,945/-

6. The third ground for filing of this appeal is to reduce the apportionment of Rs. 1,51,333/- to the three children which consists of almost the entire awarded amount. It is submitted that the children are now pursuing their education for which the amount is required for their educational expenses for pursuing their further education. Therefore, prays for reduction of the apportionment from Rs. 1,51,333/-to Rs. 1,00,000/- each to the three children.

7. Yet, another ground for appeal is that the respondent is directed to pay the awarded amount with interest at the rate of 6% per annum only. It is submitted that the Hon'ble Supreme Court in a catena of cases has granted 7.5% to 9% interest in the awarded amount. The learned counsel for the appellants relied upon the decision of the Hon'ble Supreme Court in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors in Civil Appeal no. 3860 of 2013 (Arising out of S.L.P(Civil) No. 24825/2010) decided on 12.04.2013, wherein it was directed that the awarded amount will carry interest at the rate of 7.5% per annum as awarded by the Tribunal from the date of filing of the petition till realization.

8. In view of the decision of the Hon'ble Supreme Court in Rajesh Page No.# 5/7

and Ors. Vs. Rajbir Singh and Ors (Supra), the learned counsel for the appellant prays for enhancement of the interest from 6% per annum to atleast 7.5% per annum.

9. The learned counsel for the respondent/Insurance company submitted that the appellant is not entitled for enhancement of the amount under the head of loss of consortium as it has already been given on the higher side. However, he fairly submitted that the amount under the head Funeral expenses can be enhanced as per the direction of the Hon'ble Supreme Court in Kalpanaraj and Ors Vs. Tamil Nadu State Transport Corporation (Supra). Regarding the Medical expenses, the learned counsel for the respondent have verified the medical bills annexed to the appeal memo. And after verification, he fairly submitted that the total medical expenses on calculation it comes at Rs. 4,15,647/- and not Rs. 4,57,292/- as claimed by the appellant. Thus, he conceded to the enhanced claim at Rs.4,15,647/-. Regarding the deduction of the apportionment of the 3 (three) children of Rs. 1, 51,333/- each to be kept in the form of FDRs for the period of 5 years, 10 years and 12 years, the learned counsel for the respondent submitted that in view of the fact that three children of the appellant are still pursuing their education, he has no objection if the amount of apportionment for keeping in the form of FDRs is given at Rs. 1,00,000/- each to the three children. Regarding the interest, the learned counsel for the respondent submits that the claim of the appellant that the interest should be at 9% per annum is on the higher side, therefore, he submitted that he has no objection if the interest is given at the rate of 7.5% as per the decision of the Hon'ble Supreme Page No.# 6/7

Court in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors (Supra).

10. I have heard both the learned counsel for the parties and also perused the materials available on record.

11. Upon hearing the parties, and on the consensus agreement entered into between the parties, and in light of the decision of the Hon'ble Supreme Court in the related cases cited above, and the facts regarding the medical expenses available on record, following revised computation of compensation is proposed:

a) Funeral expenses shall be Rs. 50,000/- instead of Rs. 15,000/-

b) Medical expenses shall be Rs. 4,15,647/- instead of Rs.

1,92,945/-

c) Interest at Rs.7.5% pa on the awarded amount.

The rest of the awarded amount shall remain as it is.

12. Furthermore, the share of the 3 (three) minor children of the deceased namely, Miss Mousumi Begum, Miss Bandana Begum and Md. Ajmal Hussain shall be at Rs. 1,00,000/- each, instead of Rs. 1,51,333/- along with the apportionment interest thereon which shall be kept in the form of FDRs for a period of 5 years, 7 years and 10 years respectively.

13. The revised awarded amount after modifying the computation of compensation are as follows:

"A) Annual income of the deceased Rs. 3,000/-X 12 = Rs.36,000/-

B) After deducting 1/3rd of the annual income of the deceased, Page No.# 7/7

amountcomes to =Rs. 24,000/-

C) After multiplied with multiplier, amount comes to Rs.24,000/-X 16 =Rs. 3,84,000/-

                D) Funeral expenses                                    =Rs. 50,000/-
                E) Loss of estate                              =Rs. 15,000/-
                F) Loss of consortium                                  =Rs. 40,000/-
                (D) Medical expenses                                   =Rs. 4,15,647/-
                                          TOTAL                = Rs.9,04,647/-

(Rupees nine lakhs four thousand six hundred forty-seven only.)"

14. The respondent/ Insurance company is directed to deposit the rewarded awarded amount of Rs. 9,04,647/-(Rupees nine lakhs four thousand six hundred forty-seven only).

15. Furthermore, the above awarded amount shall carry interest at the rate of 7.5% instead of 6% as awarded by the Tribunal, from the date of filing of the petition, i.e., 29.07.2017 till realization.

16. With the observation made above, the judgment and order dated 08.08.2018 passed by the learned Member, MACT, Sonitpur, Tezpur in MAC case no. 55/2017(D) stands modified and disposed of.

17. Let the record be sent back.

JUDGE

Comparing Assistant