Sikkim High Court
The Branch Manager, National Insurance ... vs Pemba Tshering Bhutia And Ors on 2 August, 2024
Author: Meenakshi Madan Rai
Bench: Meenakshi Madan Rai
THE HIGH COURT OF SIKKIM : GANGTOK
(Civil Appellate Jurisdiction)
DATED : 2nd August, 2024
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SINGLE BENCH : THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
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MAC App. No.16 of 2024
Appellants : The Branch Manager, National Insurance Company
Limited and Another
versus
Respondents : Pemba Tshering Bhutia and Others
Appeal under Section 173 of the Motor Vehicles Act, 1988
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Appearance
Mr. Thupden Gyatso Bhutia, Advocate for the Appellants.
Mr. Rahul Rathi and Ms. Lidya Pradhan, Advocates for the
Respondents No.1 and 2.
None present for the Respondents No.3 and 4.
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JUDGMENT(ORAL)
Meenakshi Madan Rai, J.
1. The Appeal was filed on the ground that the
compensation was granted by the Learned Motor Accidents Claims
Tribunal (hereinafter, the "MACT"), Gangtok, Sikkim, vide its
Judgment dated 22-12-2023, in MACT Case No.22 of 2020, Pemba
Tshering Bhutia and Another vs. The Branch Manager, National
Insurance Company Limited and Others, despite the driving licence
not having been exhibited by the Claimants No.1 and 2, the
Respondents No.1 and 2 herein.
2. Before this Court today, it is conceded by Learned
Counsel for the Appellants-Company that they have no objection to
the impugned Judgment of the Learned MACT, save to the extent
that while computing the total compensation in favour of the
Respondents No.1 and 2/Claimants, an additional sum of ₹
The Branch Manager, National Insurance Company Limited and Another vs. Pemba Tshering Bhutia and Others
5,00,000/-(Rupees five lakhs) only, has been granted under the
head of "loss of longevity of life". That, this head finds no place in
the Judgments of the Hon'ble Supreme Court or in the Motor
Vehicles Act, 1988 (hereinafter, the "MV Act"), itself. That, this
amount may be deducted from the computation of the
compensation, pursuant to which the Appellants are willing to
deposit the sum of ₹ 27,98,000/-(Rupees twenty seven lakhs and
ninety eight thousand) only, to the Respondents No.1 and 2 as
compensation, along with the interest @ 10% as directed by the
Learned MACT.
3. Learned Counsel for the Respondents No.1 and 2
concedes that, although an amount of ₹ 5,00,000/-(Rupees five
lakhs) only, was sought for "loss of longevity of life" by the
Claimants No.1 and 2/Respondents No.1 and 2, however as none
of the Supreme Court Judgments have granted compensation
under such head, nor does the MV Act contain such a provision
when the accident results in death, he has no objection, if the
amount is deducted from the compensation amount awarded by
the Learned MACT which would then stand reduced to an amount
of ₹ 27,98,000/-(Rupees twenty seven lakhs and ninety eight
thousand) only.
4. None appears for the Respondents No.3 and 4.
5. The Claimants No.1 and 2, the Respondents No.1 and 2
herein are the parents of the deceased Karma Tashi Bhutia, who
while riding his motorcycle was hit from behind by a vehicle Tata
Sumo, on 25-03-2019, at around 04.05 p.m., at Kalijhora, Sevoke,
West Bengal. On impact, the motorcycle fell on the road and the
motorcyclist succumbed to his injuries. The Claim Petition under
The Branch Manager, National Insurance Company Limited and Another vs. Pemba Tshering Bhutia and Others
Section 166 of the MV Act came to be filed by the Respondents
No.1 and 2 on account of the demise of their son, seeking
compensation of ₹ 36,35,000/-(Rupees thirty six lakhs and thirty
five thousand) only, of which the Learned MACT granted a sum of ₹
32,98,000/-(Rupees thirty two lakhs and ninety eight thousand)
only.
6. Having given due consideration to the submissions put
forth by Learned Counsel for the parties and considering that no
Supreme Court Judgments allude to compensation under the head
of "loss of longevity of life" in case of demise in a motor vehicle
accident, nor does the MV Act itself contain such a provision, the
compensation of ₹ 5,00,000/-(Rupees five lakhs) only, granted by
the Learned MACT under such head is set aside.
(i) The rest of the Judgment of the Learned MACT is
upheld.
(ii) A total compensation of ₹ 27,98,000/-(Rupees twenty
seven lakhs and ninety eight thousand) only, along with interest @
10% per annum be paid to the Respondents No.1 and 2, by the
Appellants-Company, within a period of 31 days' from today, failing
which the rate of interest shall be computed @ 12% per annum,
from the date of filing of the Claim Petition i.e., 18-08-2020.
7. Appeal partly allowed and disposed of.
8. Pending applications, if any, also stand disposed of.
9. Copy of this Judgment be forwarded to the Learned
MACT for information along with its records.
( Meenakshi Madan Rai )
Judge
02-08-2024
Approved for reporting : Yes
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