The National Insurance Co. Ltd v. Imnasenla and 2 Ors

ORDER Date : 14-03-2023 Heard Mr. Imti Imsong, learned counsel for the ap-pellant and also heard Mr. Tongpok Pongener, learned counsel for respondent No.1/claimant and Mr. Toshi Longkumer, learned counsel for respondent No.2. Page No.# 5/6 This is an appeal against the judgment and award dated 12/3/2019 passed in MAC Case No.07/2018 by the learned Member Motor Accident Claims Tribunal, Mokokchung on the ground that the learned Tribunal had wrongly applied the multiplier 16 instead of 15 while calculating the future de-pendency of the deceased husband of the claimant. Mr. Tongpok Pongener, learned counsel for the re-spondent No.1/claimant in his usual fairness submits that he has no objection if the multiplier is reduced to 15 instead of 16 as the age of the deceased husband of the claimant is under a cloud. Therefore, without entering into merits of the case, this appeal is disposed of by directing that the multiplier should be read as 15 instead of 16. During the pendency of this appeal, this Court di-rected the appellant/Insurance Company to deposit 50% of the awarded amount. The learned counsel for the appellant submits that they have deposited Rs.14,46,696/- before the Registry of this Court and which has also been withdrawn by the respondent No.1/claimant. Accordingly, the judgment and award dated 12/3/2019 passed by the learned Member Motor Accident Claims tribunal, Mokokchung in MAC Case No.07/2018 is modi-fied and the claimant would be entitled to compensation as under:

(a) 15,226 x 12 x 15 = 27,40,680/- on loss of future earning

(b) Rs.10,000/- on funeral expense,

(c) Rs.10,000/- on loss of consortium Page No.# 6/6 Total – Rs.27,60,680. Accordingly, the appellant is directed to pay the modified compensation amount after deducting the 50% of the awarded amount that has been deposited before the Reg-istry of this Court and which has already been withdrawn by the respondent no.1/claimant within a period of 2 (two) months from today, failing which interest @ Rs.7% per annum shall be added to the modified awarded amount with effect from the date of filing the claim petition and till final payment is made. The statutory amount of Rs.25,000/- which has been deposited by the appellant before the Registry of this Court shall also be deducted while making the final payment and the claimant may be permitted to withdraw the said statu-tory amount after proper identification. The present appeal is accordingly disposed of.

Sd/- JUDGE Comparing Assistant

Page No.# 1/6 GAHC020006712019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : MACApp./12/2019 REPRESENTED BY THE SENIOR DIVISIONAL MANAGER, DIVISIONAL OFFICE, DHOBINULLAH, DIMAPUR, P.O - DIMAPUR W/O DECEASED ONENTIBA, DILONG WARD, MOKOKCHUNG, P.O. - MOKOKCHUNG 2:RAJESH KR. GUPTA Occupation Advocate for the Petitioner : IMTI IMSONG Advocate for the Respondent : TONGPOK PONGENER (R-1) Linked Case : I.A.(Civil)/91/2021 IMNASENLA Age: 43 Page No.# 2/6 Address:W/O DECEASED ONENTIBA DILONG WARD Address:REPRESENTED BY THE SENIOR DIVISIONAL MANAGER DIVISIONAL OFFICE DHOBINULLAH DIMAPUR P.O - DIMAPUR Advocate for : TONGPOK PONGENER Advocate for : appearing for THE NATIONAL INSURANCE CO. LTD.: Advocate appearing for respectively. Linked Case : I.A.(Civil)/178/2019 Address:REPRESENTED BY THE SENIOR DIVISIONAL MANAGER DIVISIONAL OFFICE DHOBINULLAH DIMAPUR P.O - DIMAPUR Address:W/O DECEASED ONENTIBA DILONG WARD 2:RAJESH KR. GUPTA Page No.# 3/6 Address:(OWNER OF THE VEHICLE NO.AS03/BC-0455) ALONGMEN WARD AMGURI ROAD Address:S/O K.N. TIWARI (DRIVER OF VEHICLE NO.AS03/BC-0455) KUMLONG WARD Advocate for : IMTI IMSONG Advocate for : TONGPOK PONGENER (R-1) appearing for IMNASENLA AND 2 ORS: Advocate TOSHI O. LONGKUMER, , appearing for 2, 3, respectively. Linked Case : I.A.(Civil)/179/2019 Address:REPRESENTED BY THE SENIOR DIVISIONAL MANAGER DIVISIONAL OFFICE DHOBINULLAH DIMAPUR P.O - DIMAPUR Address:W/O DECEASED ONENTIBA DILONG WARD Page No.# 4/6 2:RAJESH KR. GUPTA Address:(OWNER OF THE VEHICLE NO.AS03/BC-0455) ALONGMEN WARD AMGURI ROAD Address:S/O K.N. TIWARI (DRIVER OF VEHICLE NO.AS03/BC-0455) KUMLONG WARD Advocate for : IMTI IMSONG Advocate for : TONGPOK PONGENER (R-1) appearing for IMNASENLA AND 2 ORS: Advocate TOSHI O. LONGKUMER, , appearing for 2, 3, respectively. BEFORE HON'BLE MR. JUSTICE L.S. JAMIR