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2014 DIGILAW 690 (GAU)

Aldrin Beimongia v. Samima Aktar Mazumder

2014-07-03

LANUSUNGKUM JAMIR

body2014
Lanusungkum Jamir, J.—Heard Mr. Zochhuana, learned Counsel appearing for the appellants as well as Mrs. Dinari T. Azyu, learned Counsel appearing for the respondent No. 2 i.e. National Insurance Co. Ltd. By this appeal, the appellants who were claimants before the learned Tribunal are challenging the judgment and award dated 15th April, 2014 passed by the learned MACT, Aizawl in MACT Case No. 60/2011 whereby an amount of Rs. 18,89,684 along with interest at the rate of 9% was awarded to be paid by the respondent No. 2 from the date of filing of the claim petition i.e. 1st September, 2011 within a period of 1 (one) month from the date of the judgment and award of the learned Tribunal. The appellants being not satisfied with the amount awarded has approached this Court by way of the present appeal for enhancement of the compensation amount. 2. Mr. Zochhuana, learned Counsel appearing for the appellants, submits that the learned Tribunal had erred while taking the net income of the deceased as Rs. 9,819 instead of Rs. 15,831. It is also submitted that the funeral expenses is much lower than the amount awarded by the Hon'ble Supreme Court in a number of cases. It is also the submission of the learned Counsel appearing for the appellants that no award has been made towards loss of love and affection for the 4 (four) minor children/appellants. 3. Mrs. Dinari T. Azyu, learned Counsel appearing for the respondent No. 2 has fairly submitted that there has been some errors while taking the income of the deceased as Rs. 9,819 instead of Rs. 15,831. She however, submits that there is no pleadings in the appeal as regard the award for loss of love and affection as well as funeral expenses. She also submits that the learned Tribunal has passed the judgment and award as per the claim made by the claimants/appellants in their claim petition. 4. I have considered the submissions made by the learned Counsel for the parties. Also perused the LCRs. 5. From the last monthly salary drawn certificate which was exhibited as Exhibit C-5, it is seen that the total income was Rs. 25,650 and the total deduction was Rs. 9,819 and the net amount as Rs. 15,831. 6. Under the circumstances, it appears that the learned Tribunal had made a mistake while taking the income of the deceased as Rs. 9,819. 25,650 and the total deduction was Rs. 9,819 and the net amount as Rs. 15,831. 6. Under the circumstances, it appears that the learned Tribunal had made a mistake while taking the income of the deceased as Rs. 9,819. This Court is of the considerate opinion that the net income of the deceased should be taken as Rs. 15,831. Coming to the second submission of the learned Counsel appearing for the appellants as regards the award for loss of love and affection for the 4 minor children as well as the funeral expenses, it is seen that no award has been given for loss of love and affection and the funeral expenses has been awarded to the tune of Rs. 2,000 only. 7. While considering the submission made by learned Counsel appearing for the respondent No. 2, this Court is of the considered opinion that the claim under MV Act is a beneficial legislation though the same cannot be stretched to an unreasonable extent. Considering the present case in hand, this Court is of the opinion that the award under the head of funeral expenses should be enhanced and that there should also be an award under the head for loss of love and affection for the 4 (four) minor children. 8. In view of the above, the appellants shall be entitled to as under: 9. The respondent No. 2 i.e. M/s. National Insurance Co. Ltd., Aizawl shall pay the enhanced amount of Rs. 3,844,496 along with interest at the rate of 9% from the date of filing of the claim petition till realization. The respondent No. 2 is also directed to deposit the enhancement amount along with 9% interest within a period of 4 (four) months from today before the Presiding Officer, MACT, Aizawl. It is also provided that 50 percent of the enhancement amount along with interest shall be deposited in a 4 (four) separate fixed deposit for the 4 (four) minor children/appellants in a nationalized Bank which shall be released after they attain the age of majority. The remaining 50 percent along with interest shall be released to the next friend of the appellants for the upkeep and education of the 4 (four) minor children/appellants. Accordingly, this appeal is allowed.