Gauhati High Court
Page No.# 1/12 vs Bina Dey And Ors on 16 May, 2025
Page No.# 1/12
GAHC010132262012
2025:GAU-AS:6090
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./171/2012
NATIONAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE and HEAD OFFICE AT 3
MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD
BHANGAGARH
GUWAHATI
REPRESENTED BY THE CHIEF REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE. G.S ROAD
BHANGAGARH
GUWAHATI.
VERSUS
BINA DEY and ORS
W/O LATE DILIP DEY MOTHER OF THE DECEASED RESIDENT OF LANE NO. 1 HOUSE NO.
38 LINK ROAD
SILCHAR-6
DIST. CACHAR
ASSAM.
6:THE UNITED INDIA INSURANCE CO. LTD.
REPRESENTED BY THE DIVISIONAL MANAGER
THE UNITED INDIA INSURANCE CO. LTD.
OF SHYAMAPRASAD ROAD
P.O. and P.S. SILCHAR
CACHAR
ASSAM INSURER OF THE TRUCK NO. HR-38/M/1333
------------
Advocate for : MR.R GOSWAMI
Advocate for : MR.D CHAKRABORTY appearing for BINA DEY and ORS
Page No.# 2/12
Linked Case :MACApp./176/2012
NATIONAL INSURANCE CO LTD
HAVING ITS REGISTERED OFFICE and HEAD OFFICE AT 3, MIDDLETON
STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD,
BHANGAGARH, GUWAHATI, REPRESENTED BY THE CHIEF REGIONAL
MANAGER, GUWAHATI REGIONAL OFFICE G.S ROAD, BHANGAGARH,
GUWAHATI
VERSUS
SUBODH KANTI MAJUMDAR and ORS
S/O LATE SURESH CHANDRA MAJUMDAR, FATHER OF THE DECEASED
2:SMT. BANANI MAJUMDAR
W/O SUBODH KANTI MAJUMDAR MOTHER OF THE DECEASED BOTH
ARE RESIDENTS OF LINK ROAD
SILCHAR-6
DIST. CACHAR
ASSAM.
3:AJOY KUMAR DEB
S/O SRI NIKHIL RANJAN DEB
R/O LINK ROAD
P.O. SILCHAR 6
P.S. SILCHAR
DIST. CACHAR
ASSAM OWNER OF THE MARUTI ALTO CAR
VIDE NO. AS-11-B/8736
4:SULAKSHAN BALI
S/O SRI SURAJ BALI
C/O PREM SINGH
LALMATI
BELTOLA
P.S. BASISTA
GUWAHATI-29
DIST. KAMRUP
ASSAM OWNER OF TRUCK NO. HR-38-M/1333
Page No.# 3/12
5:ASHOK DAS
S/O LATE NIBARAN DAS
R/O LINK ROAD
P.O.SILCHAR
DIST. CACHAR
ASSAM DRIVER OF MARUTI ALTO CAR NO. AS-11-B/8736
6:MONISH KUMAR
S/O SRI RAJENDAR SINGH
VILL. KAHANU WALA
P.S. PAUNTA SAHIB
DIST SIRMOR
HIMACHAL PRADESH DRIVER OF THE TRUCK NO. HR-38-M/1333
7:THE UNITED INDIA INSURANCE CO. LTD.
REPRESENTED BY THE DIVISIONAL MANAGER
THE UNITED INDIA INSURANCE CO. LTD. OF SHYAMAPRASAD ROAD
P.O. and P.S. SILCHAR
CACHAR
ASSAM INSURER OF THE TRUCK NO. HR-38-M/133
Advocate for the Petitioner : MR.B S GOSWAMI, MR.I ALAM,MR.R GOSWAMI
Advocate for the Respondent : MR.S DUTTA, MR.D CHAKRABORTY,MS. P BARUAH
Linked Case : MC/2574/2012
NATIONAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE and HEAD OFFICE AT 3
MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD
BHANGAGARH
GUWAHATI
REPRESENTED BY THE CHIEF REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE. G.S ROAD
BHANGAGARH
GUWAHATI.
VERSUS
BINA DEY and ORS
Page No.# 4/12
W/O LATE DILIP DEY MOTHER OF THE DECEASED RESIDENT OF LANE NO.
LINK ROAD
SILCHAR-6
DIST. CACHAR
ASSAM.
2:AJOY KUMAR DEB
S/O SRI NIKHIL RANJAN DEB
R/O LINK ROAD
LANE NO 6
P.O. SILCHAR-6
P.S.SILCHAR
DIST. CACHAR
ASSAM. OWNER OF THE MARUTI ALTO CAR
VIDE NO. AS-11-B/8736
3:SULAKSHAN BALI
S/O SRI SURAJ BALI
C/O PREM SINGH
LALMATI
BELTOLA
P.S. BASISTHA
GUWAHATI-29
DIST. KAMRUP
ASSAM OWNER OF TRUCK NO. HR-38-M/1333
4:ASHOK DAS
S/O LATE NIBARAN DAS
R/O LINK ROAD
P.O. SILCHAR-6
P.S. SILCHAR
DIST. CACHAR
ASSAM. DRIVER OF MARUTI ALTO CAR NO. AS-11-B/8736
5:MONISH KUMAR
S/O SRI RAJENDAR SINGH
VILL. KAHANU WALA
P.S. PAUNTA SAHIB
DIST. SIRMOR
HIMACHAL PRADESH DRIVER OF THE TRUCK NO. HR-38-M/1333
6:THE UNITED INDIA INSURANCE CO. LTD.
Page No.# 5/12
REPRESENTED BY THE DIVISIONAL MANAGER
THE UNITED INDIA INSURANCE CO. LTD.
OF SHYAMAPRASAD ROAD
P.O. and P.S. SILCHAR
CACHAR
ASSAM INSURER OF THE TRUCK NO. HR-38/M/1333
------------
Advocate for : MR.I ALAM
Advocate for : appearing for BINA DEY and ORS
BEFORE
HON'BLE MRS. JUSTICE MARLI VANKUNG
Date of hearing : 13.05.2025
Date of judgment : 16.05.2025
JUDGMENT AND ORDER (CAV)
Heard Mr. R. Goswami, learned counsel for the appellant along with Ms. P.
Baruah, learned counsel for the respondents/claimants and Mr. S. Dutta, learned
counsel for respondent No. 6.
2. The appeal is filed against the Judgment & Award passed by the Learned
Member, Motor Accident Claim Tribunal, Cachar in MACT Case No. 421 of 2008,
wherein the learned Tribunal had awarded a compensation of Rs. 13,86,222/-
(Rupees Thirteen Lakhs Eighty Six Thousand Two Hundred and Twenty Two)
with 9% interest to the claimant. The appeal is filed on the ground that the
learned member while assessing the compensation for the death of a bachelor,
instead of making a deduction of 50% from the income of the deceased had
Page No.# 6/12
made a deduction of one-third only, resulting in excessive compensation to the
respondent No. 1/claimant, mother of the deceased Deepjyoti Dey.
3. Facts of the case in brief is that on 20.01.2008, the deceased Deepjyoti
Dey along with his cousin Saugata Mazumdar, while returning from Gauhati to
Silchar in a Maruti Alto Car bearing Registration No. AS-11-B-8736, collided with
a truck bearing Registration No. HR-38-M-1333 coming from opposite direction,
causing instant death of Saugata Mazumdar and grievous injury to Deepjyoti
Dey, who was immediately shifted to Khliehriat and later transferred to Jowai
Civil Hospital and there, due to the serious condition, referred to GNCR Hospital,
Gauhati, where he succumbed to his injuries on 28.01.2008. The Maruti Alto Car
bearing Registration No. AS-11-B-8736 was covered with insurance policy of
National Insurance Company Ltd./appellant. The claimant is the widow mother
of the deceased Deepjyoti Dey, who was dependent on the deceased. The
claimant had sought compensation of Rs. 24,20,500/- before the learned
Tribunal by stating that the deceased Deepjyoti Dey being a medical
representative of DRAKT International DRAKT by profession was said to earn Rs.
15,750/- per month and the company had also given him an incentive of Rs.
1500/- per month and case was registered as MACT Case No. 421 of 2008.
4. In MACT Case No. 421 of 2008, the owners and the drivers of both the
vehicles, Maruti Alto Car bearing Registration No. AS-11-B-8736 and the truck
bearing Registration No. HR-38-M-1333 were arrayed as the OP No. 1 to 4
respectively. OP No.2 & OP No.4 being the owner and driver of the offending
truck vehicle have not contested the claim while OP No.1 & OP No. 3 being the
owner and driver of the Maruti Alto Car in their joint written statement stated
that the truck coming from the opposite direction had collided with their car.
Page No.# 7/12
5. The Maruti Alto Car bearing Registration No. AS-11-B-8736 was insured
with the appellant/National Insurance Company Ltd (OP No. 5). The OP No.5
denied all the allegations made in the claim application by submitting that the
accident was due to the fault of the truck which was registered with the United
India Insurance Company Ltd/OP No. 6 and was the OP No.6, who is liable to
pay the compensation, if any. The OP No.6/United India Insurance Company
Ltd. had also contested the claim and denied its liability to pay compensation.
6. The learned Tribunal, on considering the submissions made by the parties
framed the following issues:
i). whether the application for claim is maintainable in its present form.
ii). whether the claimant is entitled to compensation as prayed for.
iii). to what relief the parties are entitled.
7. The learned Tribunal after considering the evidence adduced by both the
parties and on perusal of the documents on record decided all the issues in
favour of the claimant. The learned Tribunal found that both the vehicles, Maruti
Alto Car bearing Registration No. AS-11-B-8736 insured with appellant/National
Insurance Company Ltd (OP No. 5) and the truck bearing Registration No HR-
38-M-1333 insured with United India Insurance Company Ltd (OP No.6) had
valid insurance policies.
8. The learned Tribunal found that the claimant has duly proved that the age
of the deceased was 28 years at the time of the accident and income of the
deceased Deepjyoti Dey was held to be Rs. 12,000/- per month.
9. Accordingly, the learned Tribunal held that the claimant/mother of Deepjyoti
Dey was entitled to compensation as below:
Page No.# 8/12
Annual dependency (deducting one-third
Towards personal expenses) Rs. 96,000.00
Multiplier X 18
Rs. 17,28,000.00
Medical Expenses Rs. 1,08,796.35
Carrying of the dead body Rs. 7000.00
Funeral expenses Rs. 2000.00
Loss of estate Rs. 2500.00
TOTAL Rs. 18,48,296.35
10. It was thus held that the claimant was entitled to compensation of Rs.
18,48,296.35/- with an interest @ 9% p.a with effect from the date of filing of
the claim petition. The learned Tribunal also held that the appellant/National
Insurance Company Ltd (OP No. 5) and respondent No. 7(OP No. 6)/ United
India Insurance Company Ltd were jointly liable to pay the awarded amount and
had fixed responsibilities to both the vehicles Maruti Alto Car bearing
Registration No. AS-11-B-8736 and a truck bearing Registration No HR-38-M-
1333 at the ratio of 3:1 finding that the Maruti Alto Car was more at fault in the
accident and thus, the appellant/National Insurance Company Ltd (OP No. 5)
was to pay an amount of Rs. 13,86,222/- and United India Insurance Company
Ltd./respondent No. 7 (OP No. 6) was to pay an amount of Rs. 4,62,074/.
11. Mr. R. Goswami, learned counsel appearing for appellant/National
Insurance Company Ltd. submitted that the instant appeal is only regarding the
quantum of the award, which is wrongly calculated by the learned Tribunal, in
deducting one-third from the income of the deceased Deepjyoti Dey when it is
clearly proved that the deceased was a bachelor at the time of his death. He
stated that the deduction should be 50% from the income of the deceased
Page No.# 9/12
Deepjyoti Dey. The learned counsel also submitted that since the deceased
Deepjyoti Dey was 28 years at the time of the accident, the multiplier applied
should be 17 instead of 18. He has relied on the following authorities, Sarla
Verma and Ors. vs. Delhi Transport Corporation and Anr. Reported in
2009 6SCC 121 para 31 and National Insurance Company Ltd. vs.
Pranay Sethi and Ors. reported in 2017 16SCC 680 para 37.
12. Ms. P. Baruah, learned counsel for the respondent/claimants in all fairness
submits that the instant appeal is not contested since the deceased Deepjyoti
Day was a bachelor at the time of his death, the deduction from his income is to
be 50%, as rightly submitted by the learned counsel for the appellant/National
Insurance Company Ltd and that the multiplier should be as per the judgment
of the Apex Court in Sarla Verma's case (supra).
13. Having heard the submissions made by the learned counsels for both the
parties, it is seen that it is an admitted fact that the accident which occurred in
20.08.2008 was due to the rash and negligent driving of the Maruti Alto Car
bearing Registration No. AS-11-B-8736 and the truck bearing Registration No
HR-38-M-1333, which resulted in the collision of both the vehicles and caused
the death of Mr. Deepjyoti Dey along with his cousin Mr. Saugata Mazumdar. It
is also seen that there is no dispute regarding the income and the age of the
deceased Deepjyoti Dey.
14. On perusal of the judgment of the Apex Court in Sarla Verma (Supra) and
Pranay Sethi (Supra) the Apex Court had clearly held that where the deceased
was a bachelor and the claimants are the parents, the deduction in regards to
bachelors, normally 50% is deducted as personal and living expenses because it
is assumed that the bachelor would tend to spend more on himself. It is also
Page No.# 10/12
seen that the deceased was 28 years at the time of the accident and therefore
the multiplier should be 17.
15. In view of the above, this Court finds that the appropriate compensation
entitled to the claimant would be by making the assessment by deducting 50%
from the income of the deceased Deepjyoti Dey instead of by deduction of 1/3
from the income of the deceased. Accordingly, the amount entitled to the
claimant is calculated as herein below:
Annual income Rs. 12,000 x 12
Rs. 1,44,000
Annual dependency (deducting 50%
Towards personal expenses) Rs. 72,000.00
Multiplier X 17
Rs. 12,24,000.00
Medical Expenses Rs. 1,08,796.35
Carrying of the dead body Rs. 7000.00
Funeral expenses Rs. 2000.00
Loss of estate Rs. 2500.00
TOTAL Rs. 13,44,296.35/-
Accordingly, the claimant is entitled to compensation amounting to Rs.
13,44,296/- (Rupees thirteen lakhs forty four thousand two hundred and ninety
six) only @ 9% p.a with effect from the date of filing of the claim petition.
16. The finding of the learned tribunal that both the vehicles were jointly
responsible for the accident and that the Maruti Alto Car insured with the
appellant/National Insurance Company Ltd (OP No. 5) was more responsible for
the accident is not disputed nor is the finding that the instant appellant
Page No.# 11/12
insurance company is to pay the compensation at the ratio of 3:1 challenged.
Thus, it is seen that the appellant/National Insurance Company Ltd has not
denied its liability to pay the claimant the awarded amount at the ratio of 3:1 as
held by the learned Tribunal which calculated at Rs. 10,08,222/-(Rupees ten
lakhs, eight thousand two hundred and twenty two) only @ 9% p.a with effect
from the date of filing of the claim petition.
17. It is however, seen that the respondent No. 6/National Insurance Company
Ltd had contested their liability to pay the remaining awarded amount in the
ratio of 3:1 by filing the Mac Appeal No. 148 of 2012 with Mac Appeal No. 153
of 2012 with Mac Appeal No. 157 of 2012.
18. On considering the nature of the Mac Appeals in Mac Appeal No. 148 of
2012 with Mac Appeal No. 153 of 2012 with Mac Appeal No. 157 of 2012
wherein, the appellant/National Insurance Company Ltd. had denied their
liability to pay the awarded amount claiming that the offending vehicle/truck
being registration No. HR-38-M-133 was not having a valid insurance policy, this
Court find it appropriate not to make any observation as to who is liable to pay
the balance awarded amount in the ratio 3:1 i.e Rs. 3,36,074/- with the
stipulated interest amount, which shall be decided in due course on the disposal
of the pending Mac Appeal No. 148 of 2012 with Mac Appeal No. 153 of 2012
with Mac Appeal No. 157 of 2012, which has been segregated from the instant
Mac Appeal.
19. In view of the above, considering the long pendency of the instant Mac
Appeal No. 171 of 2012, the appellant/National Insurance Company Ltd is to
deposit the awarded amount of Rs. 10,08,222/- with the stipulated interest
amount, to this Registry, within a period of one month from the date of this
Page No.# 12/12
Judgment & Order. Any amount, if deposited earlier by the appellant Insurance
Company is to be deducted accordingly. Thereafter, the said deposited amount
is to be disbursed to the claimant/respondent No.1 after due verification.
20. Statutory amount if any, deposited, by the appellant/National Insurance
Company Ltd is also allowed to be withdrawn.
21. Accordingly, Mac Appeal No. 171 of 2012 stands allowed and disposed of
with the above order.
JUDGE
Comparing Assistant
