Page No.# 1/6 vs Prantik Gautam And 3 Ors
2025 Latest Caselaw 276 Gua

Gauhati High Court

Page No.# 1/6 vs Prantik Gautam And 3 Ors on 6 May, 2025

                                                                         Page No.# 1/6

GAHC010032022018




                                                                  2025:GAU-AS:5629

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

                              Case No. : MACApp./282/2018

            NATIONAL INSURANCE COMPANY LIMITED
            HAVING ITS REGD OFFICE AT KOLKATA AND ONE OF ITS REGIONAL
            OFFICE AT G S ROAD, GUWAHATI



            VERSUS

            PRANTIK GAUTAM AND 3 ORS
            S/O- LATE ANIL SARMAH, R/O- GYANPEETH, CHOLADHARA, P.O AND P.S-
            JORHAT, DIST- JORHAT, ASSSAM, PIN- 785001

            4:PARIJAT DEVI
            W/O- SRI ANUP JYOTI BORA
             C/O- RAMANI BORA
             BOHOTIA GAON
             P.S AND DIST- JORHAT
            ASSAM
             PIN- 78511

Advocate for the Petitioner   : MR. S S SARMA, MR. B J MUKHERJEE,MS. L SHARMA

Advocate for the Respondent : MR. A THAKUR (R4), MR S ARAFAT (R-1),MR. N BORUAH (R-
1),MR H MEDHI (R4),MS. J R THAKUR (R4)




                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                       JUDGMENT

Date : 06-05-2025

Date of hearing :01.05.2025.

Page No.# 2/6

Date of Judgment : 06.05.2025. .

:: Judgment and Order ::

[CAV]

Heard Mr. H. Buragohain, learned counsel for the appellant. I have also heard Mr. N. Baruah, learned counsel for the respondent no.

1.

2. By this appeal filed under Section 173 of the Motor Vehicles Act, 1988,the appellant challenged the judgment and award dated 14.09.2017, passed by the Member, Motor Accident Claims Tribunal, Jorhat in MAC case no. 29/2012.

3. The fact leading to the filing of this appeal is that the respondent filed claim petition before the learned Tribunal under section 166 of the Motor Vehicles Act claiming compensation for an amount of Rs. 40,00,000/- for the death of his mother, Bonti Devi, who succumbed to her injuries as a result of the motor vehicle accident occurred on 09.06.2012, near Choladhara Puja Mandir, under Jorhat Police Station. The claim petition was contested.

4. Upon completion of the trial and after hearing the parties, the learned Tribunal passed the impugned judgment and order dated 14.09.2017 awarding a compensation amount of Rs. 30,42,376/- in favour of the claimant/respondent Sri. Prantik Gautam and Proforma Opposite party Smt. Parijat Devi, in equal share, with interest at the rate of 7% per annum. The opposite party/appellant was directed to clear the amount within a period of 90 days from, failing which they shall be liable to pay future interest at the rate of 8 % from the date of Page No.# 3/6

passing of the said judgment till its realization.

5. Aggrieved by the judgment, the appellant Insurance company filed this appeal on the ground that the award on the head of funeral expenses could not have been more than Rs. 15,000/- and no award on loss of love and affection amounting to Rs. 1 lakh was payable in the light of the full bench decision of the Hon'ble Apex Court in Pranay Sethi's case. As such there is an excess of award under the aforesaid head to the tune of Rs. 1,10,000/- which requires to be deducted.

6. Another ground is that the dependency will stand decreased by deduction of Rs. 3540/- per month (Rs. 500 as medical expenses, Rs. 400 as electric expenses and Rs. 2640/- as house rent) 12x7, i.e, Rs.

2,97,360/-. Thus, overall a sum of Rs. 2,97,360/- +1,10,000/- = Rs. 4,07,360/- has been awarded in excess to the claimant respondent. Therefore, the excess amount awarded to the respondent requires to be reduced from the total awarded amount.

7. The factum of the case and the award under other heads are not under challenged.

8. Mr. N. Baruah, learned counsel for the respondent/claimants conceded to the submission of the learned counsel for the appellant and he fairly submitted that in view of the Pranay Shety'sjudgment, apparently some error is seen in the amount awarded in the impugned judgment and order dated 14.09.2017. Therefore, he has no objection, if the prayer of the appellant is allowed.

9. The learned counsel for the respondent submitted that in terms of the judgment and dated 14.9.2017 and the Pranay Setty's judgment Page No.# 4/6

as pleaded by the appellant, he has worked out the actual entitlement of the claimant along with the interest thereon. The worked out calculation made by the respondent was shown to Mr. H. Buragohain, learned counsel for the appellant who on careful perusal of the same has accepted the same to be correctand in tune with the challenge made in the appeal. The worked-out calculation submitted to the court is taken on record and marked as document-" X" for identification

10. The calculation made by the respondent and agreed upon by the appellant are as follows:

1. Awarded amount Rs. 30,42,376.00

2. Total Deduction from awarded Rs. 4,07,360.00 amount

3. Remaining Awarded amount Rs. 26,35,016.00

(Rupees Twenty-Six Lakhs Thirty-Five Thousand and Sixteen only).

2. Coming to interest part as per the order dated 14.09.2017 are as follows-

i) Rs. 26,35,016.00 (7% from 23.07.2012 up to 14.09.2017) i.e., 5 years 2 months 21 days.

a. Rs. 1,84,541.12 (per annum)X 5 Years

= Rs. 9,22,255.60

b. 1,84,541.12 (Rs. 512 per day) X 84 days

= Rs. 43, 059.60

Hence (a+b) = Rs. 9,22,255.60+ Rs. 43,059.60 Page No.# 5/6

= Rs. 9,65,315.20

ii) Rs. 26,35,016.00 (8% from 15.09.2017 up to 24.11.2023) i.e., 6 years then it comes to Rs. 2, 35,908.48 (per annum) x 6 years and 69 days.

a. Rs. 2,35,908.48 (per annum) X 6 years

= Rs. 14,15,450.88

b. Rs. 2,35,908.48 (Rs. 655.30 per day) X 83 days

= Rs. 54,365

Hence (a+b) = Rs. 14,15,450.88+ Rs. 54,365

= Rs. 1469,815.88

iii) Rs. 11,13,828.00 (26,35,016-15,21,188) (8% from 25.11.2023 up to 29.04.2025) i.e., 1 year then it comes to Rs. 89,106.24 (per annum) x 1 years 5 months 05 days.

a. Rs. 89,106.24 (per annum) X 1 year

= Rs. 89,106.24

b. Rs. 89,106.24 (Rs. 247.52 per day) X 155 days

= Rs. 38,365.60

Hence, (a+b)= Rs. 89,106.24 + Rs. 38,365.60

= Rs. 1, 27,471.84/-

11. The total interest acquired as on today @ Rs. 25,62,602.92/- (Rs. 9,65,315.20+ 1469,815.88+1, 27,471.84).And the claimant is entitled to receive the remaining amount of Rs. 11,13,828.00 (26,35,016-15,21,188) from out of total awarded amount.

Page No.# 6/6

12. Hence, the claimant is entitled for a total amount of Rs. 36,76,430.92/- (Rupees Thirty Six Lakhs Seventy Six Thousand Four Hundred Thirty and Ninety Two paisa) only in the heads of interest as well as remaining awarded amount (25,62,602.92+11,13,828)

13. The above calculation made by the respondent and accepted by the learned counsel for the appellant is hereby accepted as the correct calculation of the award.Accordingly, the judgment and award dated 14.9.2017 shall stand modified to the extend as indicated above.

14. The claimant is entitled for a total amount of Rs. 36,76,430.92/- (Rupees Thirty Six Lakhs Seventy Six Thousand Four Hundred Thirty and Ninety Two paisa) being the remaining awarded amount of Rs. 11,13,828 and the interest of Rs. 25,62,602.92 accrued till date.

15. The appellant Insurance company is directed to deposit the compensation amount of Rs. 36,76,430.92/- (Rupees Thirty-Six Lakhs Seventy-Six Thousand Four Hundred Thirty and Ninety-Two paisa), before the Registry of this Court within 6 (six) weeks from today. The respondent/claimant shall be allowed to withdraw the same.

16. With the above, this MAC appeal stands disposed of.

JUDGE

Comparing Assistant