New India Assurance Company Ltd v. Musstt. Mita Begum Laskar and 6 Ors

JUDGMENT AND ORDER (CAV) Heard Mr. S. Dutta, learned senior counsel representing the appellant as well as Mr. M. Choudhury, learned counsel appearing for the respondents.

¶2This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 17.02.2020, passed by the learned Member, Motor Accident Claims Tribunal, Cachar at Silchar in MAC Case No.53 of 2016.

¶3On 16.09.2015, the deceased Jainul Haque Laskar was travelling in a TATA Sumo vehicle bearing Registration No.AS-11BC-7960. He was going from Lakhipur towards Okhrul. The said vehicle was allegedly driven in a rash and negligent manner. When the vehicle reached Awangkhul Page No.# 3/3 Part-II at about 3.30 P.M., the vehicle veered from the road and plunged into a deep gorge.

¶4Because of the said accident, the Jainul Haque Laskar died instantly. He was 41 years of age at that time and being a Mason, he used to earn ₹20,000/- per month.

¶5It may be stated that after the accident, Nungba/Nuba P.S. Case No.68(09)/2015 was registered.

¶6The Motor Accident Claims Tribunal directed the appellant Insurance Company to pay a sum of ₹23,62,500/- (Rupees Twenty-Three Lakhs Sixty-Two Thousand and Five Hundred) only as compensation.

¶7The Insurance Company has filed this appeal on the ground that the learned Tribunal has erred while notionally holding that the monthly income of the deceased was ₹15,000/- because there was no evidence to support that fact.

¶8I have considered the submissions made by the learned counsel of both sides.

¶9This Court is of the opinion that the judgment of the Tribunal needs to be corrected. The modified calculation is made accordingly as under:

(i) Annual Salary ₹14,000 X 12 = ₹1,68,000/- Deduction ₹1,68,000 X ¼ = ₹42,000/- (Annual Salary-Deduction) ₹1,68,000 – ₹42,000 = ₹1,26,000/-. Future Prospect 25% on ₹1,26,000/- = ₹31,500/- ₹1,26,000/- + ₹31,500/- = ₹1,57,500/-. Multiplier ₹1,57,500 X 14 = ₹22,05,000/-.

(ii) Future Prospect won't bear any interest. ₹31,500 X 14 [MULTIPLIER] = ₹4,41,000/-.

¶10The appeal stands disposed of. The impugned judgment is modified accordingly. The Insurance Company is directed to pay an amount of ₹4,41,000/- (Rupees Four Lakh Forty-One Thousand) only to the respondents/claimants. The statutory deposit of ₹25,000/- shall be returned to the Insurance Company. Send back the LCR.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010193112020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./5/2021ooooooooo NEWoINDIAoASSURANCEoCOMPANYoLTD.o HAVINGoITSoREGISTEREDoANDoHEADoOFFICEoAToNEWoINDIAoASSURANCEo BUILDING,o87,oMAHATMAoGANDHIoROAD,oFORT,oMUMBAI-o400001oANDo REGIONALoOFFICEoAToG.S.oROAD,oGUWAHATI-5,oREP.oBYoTHEoCHIEFo REGIONALoMANAGER. VERSUSo MUSSTT.oMITAoBEGUMoLASKARoANDo6oORS.o W/O-oLATEoJAINULoHAQUEoLASKAR,oR/O-oVILL.-oBIDRUIPAR,oP.O.o HATIKHALoBAZAR,oP.O.oKACHUDARAM,oDIST.-oCACHAR,oASSAM. 2:MD.oIMDADULoHUSAINoLASKAR oR/O-oVILL.-oBIDRUIPAR oP.O.oHATIKHALoBAZAR oP.O.oKACHUDARAM oDIST.-oCACHAR oASSAM. 3:MISSoMUSTAKANAoBEGUMoLASKAR oR/O-oVILL.-oBIDRUIPAR oP.O.oHATIKHALoBAZAR oP.O.oKACHUDARAM oDIST.-oCACHAR oASSAM. 4:MISSoMOMTAJUNoBEGUMoLASKAR oR/O-oVILL.-oBIDRUIPAR oP.O.oHATIKHALoBAZAR oP.O.oKACHUDARAM oDIST.-oCACHAR oASSAM. Page No.# 2/3 5:MD. ABDULLA CHOUDHURY S/O- TAYEB ALI VILL.- KHAYRABAD FOREST VILLAGE P.O. AND P.S. JIRIGHAT DIST.- CACHAR ASSAM. 6:MD. BABAREL CHOUDHURY S/O- JAMAL UDDIN R/O- VILL.- NEW KHAYRABAD P.O. AND P.S. JIRIGHAT DIST.- CACHAR ASSAM Advocate for the Petitioner : MR SISHIR DUTTA Advocate for the Respondent : MR N RAY ::: PRESENT::: THE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA For the Appellant : Mr. S. Dutta, Senior Advocate. For the Respondents : Mr. M. Choudhury, Advocate. Date of Hearing : 20.06.2024. Date of Judgment : 25.07.2024.