Gauhati High Court

Page No.# 1/12 vs Subodh Kanti Majumdar 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./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
         LANE NO. 1 HOUSE NO. 35
         SILCHAR-6
         DIST. CACHAR
         ASSAM.

         3: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
                                                                          Page No.# 2/12

            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

            5:ASHOK DAS

             S/O LATE NIBARAN DAS
             R/O LINK ROAD
             LANE NO. 6
             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
                                                      Page No.# 3/12

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.

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
LANE NO. 6
P.O. SILCHAR-6
                                                      Page No.# 4/12

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.
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

Linked Case : 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.

SILCHAR-6 DIST. CACHAR ASSAM.

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.R GOSWAMI Advocate for : MR.D CHAKRABORTY 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 7.

2. The appeal has been filed against the Judgment & Award passed by the Learned Member, Motor Accident Claim Tribunal, Cachar in MACT Case No. 422 of 2008 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 made a deduction of one third only, resulting in excessive compensation to the respondent No. 1 /claimant, mother of the deceased Saugata Mazumdar.

3. Facts of the case in brief is that on 20.01.2008, the deceased Saugata Page No.# 6/12

Mazumdar along with his cousin Deepjyoti Dey, 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 and 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, Gauhati, however, 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 deceased Saugata Mazumdar, being a business man in internet cafe, computer printing and Impact graphics, was said to earn Rs. 8,000/- per month. The claimant is the widow mother of the deceased Saugata Mazumdar, who was dependent on the income of the deceased. The claimant had sought compensation of Rs. 14,67,500/- before the learned Tribunal and the car was registered as MACT Case No. 422 of 2008 by claiming that her deceased son earned Rs. 10,000/- per month.

4. The owners and the drivers of both the vehicles of Maruti Alto Car bearing Registration No. AS-11-B-8736 and the truck bearing Registration No. HR-38-M- 1333 were arrayed as OP Nos. 1 to 4 respectively in MACT Case No. 422 of 2008.

5. The OP Nos. 1 to 4, filed their written statement and denied the allegations made in the claim application. 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 and that the truck being registered with the United India Insurance Company Ltd/OP No. 6. It is Page No.# 7/12

the OP No.6, who is liable to pay the compensation, if any.

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. The learned Tribunal also found that the claimant has duly proved that the age of the deceased was 30 years and 11 months at the time of the accident and income of the deceased Saugata Mazumdar was held to be Rs. 8,000/- per month.

8. The deceased Saugata Mazumdar being an internet cafe owner was said to earn Rs. 10,000/- per month. The learned Tribunal also found that the claimant has duly proved that the age of the deceased was 30 years 11 months at the time of the accident and income of the deceased Saugata Mazumdar was held to be Rs. 8000/- per month.

9. Accordingly, the learned Tribunal held that the claimant/mother of Saugata Mazumdar was entitled to compensation as below:

Page No.# 8/12

Annual dependency (deducting one-third Towards personal expenses) Rs. 64000.00 Multiplier X 17 Rs. 1,08,000.00 Carrying of the dead body Rs. 7000.00 Funeral expenses Rs. 2000.00 Loss of estate Rs. 2500.00 TOTAL Rs.10,99,500.00

10. It was thus held that the claimant was entitled to compensation of Rs. 10,99,500/- 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. 8,24,625/- and OP No. 6 was to pay an amount of Rs. 2,74,875/-.

11. Mr. R. Goswami, learned counsel appearing for 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 Saugata Mazumdar 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 Saugata Mazumdar.

Page No.# 9/12

12. Ms. P. Baruah, learned counsel for the respondent/claimants in all fairness submits that the instant appeal is not contested since the deceased Saugata Mazumdar 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/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 Saugata Mazumdar along with his cousin Deepjyoti Dey. It is also seen that there is no dispute regarding the income and the age of the deceased Saugata Mazumdar.

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 seen that the deceased was 30 years 11 months 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 Saugata Mazumdar instead of by deduction of 1/3 from the income of the deceased. Accordingly, the amount entitled to the Page No.# 10/12

claimant is calculated as herein below:

Annual income                                  Rs. 8000 x 12
                                               Rs. 96,000/-
Annual dependency (deducting 50%
Towards personal expenses)                     Rs. 48,000.00
Multiplier                                     X 17
                                               Rs.    8,16,000.00
Carrying of the dead body                      Rs.        7000.00
Funeral expenses                               Rs.        2000.00
Loss of estate                                 Rs.        2500.00
TOTAL                                           Rs.    8,27,500.00/-

Accordingly, the claimant is entitled to compensation amounting to Rs. 8,27,500/- (Rupees eight lakhs twenty seven thousand five hundred) only with 9% p.a from the date of filing 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 is to pay the compensation at the ratio of 3:1 challenged. Thus, the appellant/National Insurance Company Ltd is thus liable to pay the sum of Rs. 6,20,625/- (Rupees six lakhs twenty thousand six hundred and twenty five) to the claimant with an interest of 9% p.a from the date of filing the claim petition.

17. 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. It is also seen that the respondent No. 7 in Page No.# 11/12

the present appeal i.e United India Insurance Company had contested their liability to pay the remaining awarded amount in the ration of 3:1 as held by the learned Tribunal by filing the Mac Appeal No. 148 of 2012 with Mac Appeal No. 153 of 2012 with Mac Appeal No. 157 of 2012.

18. This Court on finding that the issue in the present appeal is only with regards to the quantum of the awarded amount had found that the issue to be considered in the instant Mac Appeal is completely different from the issue to be considered in the Mac Appeal No. 148 of 2012 with Mac Appeal No. 153 of 2012 with Mac Appeal No. 157 of 2012 and had therefore segregated the instant Mac Appeal from Mac Appeal No. 148 of 2012, with Mac Appeal No. 153 of 2012 with Mac Appeal No. 157 of 2012.

19. On considering the nature of the Mac Appeal in Mac Appeal No. 148 of 2012 with Mac Appeal No. 153 of 2012 with Mac Appeal No. 157 of 2012 wherein, the Repondent No. 7/National Insurance Company had denied the liability to pay the said liability, this Court find it appropriate not to make any observation as to who is liability to pay the balance awarded amount of Rs. 2,06,875/- 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.

20. In view of the above, considering the long pendency of the instant Mac Appeal No. 176 of 2012, the appellant/ National Insurance Company Ltd is to deposit the awarded amount of Rs. 6,20,625/- with the stipulated interest within one month from the date of the Judgment & Order into this Registry. Any amount, if deposited earlier by the appellant Insurance Company is to be deducted accordingly. Thereafter, the said deposited amount is to be disbursed Page No.# 12/12

to the claimant/respondent No.1 after due verification.

21. Statutory amount if any, deposited, by the appellant/National Insurance Company Ltd is also allowed to be withdrawn.

22. Accordingly, Mac Appeal No. 176 of 2012 stands allowed and disposed of with the above order.

JUDGE

Comparing Assistant