Gauhati High Court
Page No.# 1/8 vs Anima Deb And 6 Ors on 31 October, 2025
Page No.# 1/8
GAHC010012452014
2025:GAU-AS:14656
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./178/2014
NATIONAL INSURANCE CO. LTD.
A COMPANY REGISTERED AND INCORPATED UNDER THE COMPANIES
ACT 1956 HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET,
KALKATA 700071 AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD,
BHANGAGARH, GUWAHATI-5, REPRESENTED BY ITS CHIEF REGIONAL
MANAGER.
VERSUS
ANIMA DEB and 6 ORS.
W/O LATE SUDIPTA KR. DEB
2:SAGAR DEB
S/O LT. SUDIPTA KR. DEB
3:SOVANA DEB
W/O LT. SUKHAMOY DEB
ALL ARE THE R/O PUJA FIELD
QRT. NO. 971 D
PO/PS. DIGBOI
DIST. TINSUKIA
ASSAM
4:MAMONI BEGUM
W/O MD. BABUL KHAN
R/O TAMULBARI
S.DOHOTIA ROAD
PO. /PS/DIST. TINSUKIA
ASSAM OWNER OF TRUCK NO. AMS-8731
5:BAIJNATH PRASAD
S/O SHEO SHANKAR PRASAD
R/O LAL BUNGLOW ROAD
PO/PS/DIST. TINSUKIA
ASSAM DRIVER OF THE TRUCK NO. AMS-8731
Page No.# 2/8
6:UNITED INDIA INSURANCE CO. LTD.
MORAN BRANCH
REP. BY THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD
TINSUKIA DIVISIONAL OFFICE
RANGAGORA ROAD
PO/PS/DIST. TINSUKIA
ASSAM INSURER OF THE TRUCK NO. AMS-8731
7:MANJIT BALMIKI
S/O DHARAM SINGH
R/O CENTRAL DIGBOI
PO/PS. DIGBOI
DIST. TINSUKIA
ASSAM DRIVER OF ALTO CAR NO. AS-23-F-758
Advocate for the Petitioner : MS.S ROY, MR.R C PAUL
Advocate for the Respondent : MS.S MAHANTA, MR H BARUAH (r-1,3),MR P P PHUKAN (r-
1,3),MR.A AHMED,MRA HAWARI,MR.S U AHMED,MS.M SAIKIA,MR.R GOSWAMI,MR.I
ISLAM,MS.S DEB,MR.I ALAM
Linked Case : MC/2080/2014
NATIONAL INSURANCE CO. LTD.
A COMPANY REGISTERED AND INCORPATED UNDER THE COMPANIES ACT
1956 HAVING ITS REGISTERED OFFICE AT 3
MIDDLETON STREET
KALKATA 700071 AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD
BHANGAGARH GUWAHATI-5
REPRESENTED BY ITS CHIEF REGIONAL MANAGER.
VERSUS
ANIMA DEB and 6 ORS.
W/O LATE SUDIPTA KR. DEB
2:SAGAR DEB
S/O LT. SUDIPTA KR. DEB
3:SOVANA DEB
W/O LT. SUKHAMOY DEB
ALL ARE THE R/O PUJA FIELD
QRT. NO. 971 D
PO/PS. DIGBOI
DIST. TINSUKIA
ASSAM
Page No.# 3/8
4:MAMONI BEGUM
W/O MD. BABUL KHAN
R/O TAMULBARI
S.DOHOTIA ROAD
PO. /PS/DIST. TINSUKIA
ASSAM OWNER OF TRUCK NO. AMS-8731
5:BAIJNATH PRASAD
S/O SHEO SHANKAR PRASAD
R/O LAL BUNGLOW ROAD
PO/PS/DIST. TINSUKIA
ASSAM DRIVER OF THE TRUCK NO. AMS-8731
6:UNITED INDIA INSURANCE CO. LTD.
MORAN BRANCH REP. BY THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD
TINSUKIA DIVISIONAL OFFICE
RANGAGORA ROAD
PO/PS/DIST. TINSUKIA
ASSAM INSURER OF THE TRUCK NO. AMS-8731
7:MANJIT BALMIKIS/O DHARAM SINGH
R/O CENTRAL DIGBOI PO/PS. DIGBOI DIST. TINSUKIA
ASSAM DRIVER OF ALTO CAR NO. AS-23-F-7580
------------
Advocate for : MS.S ROY
Advocate for : MR.S U AHMED appearing for ANIMA DEB and 6 ORS.
:::BEFORE:::
HON'BLE MR. JUSTICE BUDI HABUNG
Date of hearing: 28.10.2025
Date of Judgment: 31.10.2025
JUDGMENT & ORDER(CAV)
Heard Ms. Sanchita Roy, learned counsel for the appellant i.e. National
Insurance Company Ltd.. Also heard Mr. H. Baruah, learned counsel,
appearing on behalf of respondent Nos. 1, 2 & 3/claimants, and Mr. R.
Goswami, learned counsel, appearing on behalf of respondent No. 6/United
India Insurance Company Ltd..
Page No.# 4/8
2. This appeal under Section 173 of the Motor Vehicle Act, 1988, has been
preferred by the appellant Insurance Company against the judgment & award,
dated 09.07.2013, passed by the learned Member, Motor Accident Claim
Tribunal, Tinsukia, in MAC. Case No. 79/2010, whereby, a compensation
amount of Rs. 9,22,900/- was awarded along with interest at the rate of 6%
to be paid to the respondent Nos. 1, 2 & 3/claimants from the date of filing of
the claim petition till realization of the same on account of the death of the
deceased who died in a motorcycle accident which occurred on 25.06.2010,
involving an Alto Car bearing Registration No. AS-23-F-7580, and a Truck
bearing Registration No. AMS-8731.
3. Upon conclusion of the trial, the learned Tribunal held both the vehicles,
noted-above, liable and apportioned the responsibility to both vehicles in the
ratio of 75:25 i.e. between the Truck bearing Registration No. AMS-8731 and
Alto Car bearing Registration No. AS-23-F-7580. Accordingly, the respondent
No. 6 i.e. United India Insurance Company Ltd.[insurer of Truck bearing
Registration No. AMS-8731] was held liable to pay 75% of the awarded
amount whereas the present appellant i.e. National Insurance Company Ltd.
[insurer of Alto Car bearing Registration No. AS-23-F-7580] was held liable to
pay 25% of the awarded amount.
4. The contention of the appellant i.e. National Insurance Company Ltd., is
that the deceased was the owner and occupant of the Alto Car bearing
Registration No. AS-23-F-7580 and therefore, he was not a third-party.
5. The learned counsel for the appellant has relied upon the following
decisions rendered by the Hon'ble Supreme Court as well as by this Court:
Page No.# 5/8
(i). Dhanraj v. New India Assurance Company Ltd. & anr., reported in
(2004) 8 SCC 553;
(ii). Oriental Insurance Company Ltd. v. Rajni Devi & anr., reported in
(2008) 5 SCC 736; and
(iii). New India Assurance Company Ltd. v. Imkong Toshi Jamir @ Toshi
Jamir, reported in 2006 (3) GLT 379.
6. The learned counsel for the appellant has submitted that in the above-
referred cases, the Hon'ble Courts held that the insurer of the vehicle is not
liable to indemnify the owner regarding his own death except to the extent of
'personal accident cover'.
7. In the present case, under Clause III of the policy, in question; the limits
of liability provided for the owner/driver is Rs. 2,00,000/-. Therefore, the
respondents No. 1, 2 & 3/claimants are entitled for Rs. 2,00,000/-, only.
8. On perusal of the records as referred to by the learned counsel for the
appellant; this Court finds that the learned Tribunal erred in holding the
appellant Insurance Company who was arrayed as respondent No. 5 in the
claim petition, liable for 25% of the compensation i.e. Rs. 9,22,900/- against
the legal position that the deceased being the owner of the Alto Car bearing
Registration No. AS-23-F-7580; the risk of his death is not covered under the
standard policy except to the extent of Rs. 2,00,000/- towards the owner/
driver - 'personal accident cover'.
9. In view of the above, the direction of the learned Tribunal making the
present appellant i.e. National Insurance Company Ltd. liable to pay a sum of
Page No.# 6/8
Rs. 9,22,900/- i.e. 25% of the awarded amount, is hereby set aside. However,
in terms of the policy, in question; the appellant National Insurance Company
Ltd. is held liable to pay a compensation amount of Rs. 2,00,000/- towards
the 'personal accident cover'.
10. The learned counsel for the respondents No. 1, 2 & 3/claimants while
conceding to the submissions of the learned counsel for the appellant, has
prayed for enhancement of the quantum of compensation as per the law laid
down by the Hon'ble Supreme Court rendered in the case of National
Insurance Company Ltd. v. Pranay Sethi, reported in (2017) 16 SCC 680.
11. The above submission of the learned counsel for the respondents No. 1,
2 & 3/claimants received support from the learned counsel appearing on
behalf of the respondent No. 6 i.e. United India Insurance Company Ltd..
12. I have heard the rival submissions advanced by the learned counsels
appearing for the parties and also perused the materials available on record.
13. Accordingly, insofar as the quantum of compensation is concerned, in
view of the law laid down by the Hon'ble Supreme Court in the case of Pranay
Sethi(supra); the compensation under the conventional heads, stands
modified is as under:
Sl. Head of Compensation Amount awarded by Amount now enhanced to
No. the learned Tribunal
(i). Funeral Expenses Rs. 5,000/- Rs. 15,000/-
(ii). Loss of Estate Rs. 5,000/- Rs. 15,000/-
(iii). Loss of Consortium Rs. 10,000/- Rs. 40,000/-
Page No.# 7/8
(iv). Funeral Expenses Rs. 50,000/- Rs. 80,000/- [40,000/-,
each, to mother and son]
14. The remaining computation of income, future prospect and multiplier, as
determined by the learned Tribunal, shall remain undisturbed.
15. The insurer of the offending vehicle/Truck bearing Registration No. AMS-
8731 i.e. United India Insurance Company Ltd.[respondent No. 6], shall pay
the balance amount of compensation after deducting Rs. 2,00,000/- payable
by the appellant i.e. National Insurance Company Ltd..
16. The National Insurance Company Ltd. shall Rs. 2,00,000/- to the
respondents No. 1, 2 & 3/claimants.
17. The amount shall carry an interest at the rate of 6%, per annum, from
the date of filing of the claim petition till realization. The amount already paid,
if any, shall be duly adjusted. Both the Insurance Companies are directed to
deposit the awarded amount before the Registry of this Court within a period
of 6(six) weeks from the date of receipt of a certified copy of this order.
18. The appeal is, accordingly, allowed in part, on the above terms.
19. The statutory deposit, if any, be refunded to the appellant Insurance
Company.
20. With the above directions and observations; the instant appeal,
Page No.# 8/8
accordingly, stands disposed of.
21. Remit the connected Trial Court records to the Office of the learned
Motor Accident Claim Tribunal, Tinsukia, forthwith.
JUDGE
Comparing Assistant
