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2017 DIGILAW 294 (TRI)

Abdul Oyahid alias Abdul Wahid, S/o Late Manu Mia v. P. C. Roy Choudhury & Sons

2017-07-27

T.VAIPHEI

body2017
JUDGMENT & ORDER : Heard Mr. G.K. Nama, the learned counsel for the appellants. Also heard Mr. P. Gautam, the learned counsel for the insurance company, respondent No.2. 2. Dissatisfied with the award of Rs.4,24,000/- made by the learned Member, Motor Accident Claims Tribunal, (Court No.2), Dharmanagar, North Tripura in his judgment dated 26-4-2012 of Title Suit(M.A.C) No.68/2011, this appeal has been preferred by the claimant appellants for enhancement of the compensation amount so awarded. 3. The appellant No.1 is the father of deceased while the appellant No.2 is his mother. The case of the appellants is that on 28-01-2011 at about 3 a.m. the deceased was driving a vehicle No.AS-25B-3673(Oil tanker) along with the helper lost control over the vehicle at Lamlyer NH-44 near Lamlyer Micro Water Shed, East Khasi Hill, Meghalaya and the vehicle went down the slope and got capsized. As a result, the deceased died on the spot. Both the appellants, thereafter, filed the claim petition seeking compensation of Rs.16,97,000/-. The claim petition was contested by both the owner of the vehicle as well as the insurance company denying any liability to pay the compensation so claimed. 4. On the basis of the pleadings of the parties following issues were framed: “I. Whether the deceased Mohan Mia died in a Motor Accident on 28-01-2011 at 3 am at Lamlyer, Shillong under Madanriting police station (Meghalaya)?. II. Whether the claimants are entitled to get compensation due to death of deceased Mohan Mia in a motor accident. If so, what should be the quantum of compensation who is/are liable to make payment of the same. III. To what other relief/relieves parties are entitled to?” At the conclusion of the trial the Tribunal passed the impugned judgment awarding the compensation referred to earlier. 5. The death of the deceased in the vehicular accident in question is not in dispute. The principal grievance of the appellants as projected by Mr. G.K. Nama, the learned counsel, is that the Tribunal was quite economical in awarding only Rs.6,000/- for funeral expenses and in not awarding compensation for loss of love and affection to the appellants. On the other hand, Mr. The principal grievance of the appellants as projected by Mr. G.K. Nama, the learned counsel, is that the Tribunal was quite economical in awarding only Rs.6,000/- for funeral expenses and in not awarding compensation for loss of love and affection to the appellants. On the other hand, Mr. P. Gautam, the learned counsel for the insurer, submits that the Tribunal has passed the impugned judgment after considering the evidence available on record and no case is made out by the appellants for enhancing the compensation already awarded in the impugned judgment. He also questions the legality for awarding Rs.10,000/- for loss of consortium when neither of the claimants are the spouse of the deceased. Be that as it may, he submits that the impugned judgment is otherwise correct, and no interference is called for. 6. On giving my anxious consideration to the submissions advanced by learned counsel of both the parties and on perusing the impugned judgment and other materials available on record, I am of the view that the award of Rs.10,000/- for loss of consortium is perverse inasmuch as neither of the claimants are the spouse of the deceased; loss of consortium is always awarded to either the wife or husband of the deceased. Having said that, the award of Rs.6,000/- under the head of funeral expenses to the claimant-appellants is very much on the lower side; the appellants are entitled to Rs.25,000/- under this head. The Tribunal has completely overlooked the fact that both the appellants, being father and mother of the deceased, are entitled to Rs.50,000/- each for love and affection. Under the circumstances, the appellants are entitled to enhancement of compensation to the extent of Rs.1,25,000/-. 7. The result of the foregoing discussion is that this appeal is partly allowed. The insurance company(respondent No.2) is, therefore, directed to deposit additional sum of Rs.1,25,000/- together with interest @ 9% per annum on this enhanced amount from the date of the claim petition to the Registry of this Court within a period of 2(two) months from the date of receipt of this judgment for payment to the appellants. Any amount already paid or deposited by the respondent No.2 shall be adjusted accordingly. As and when the awarded amount is deposited, the same shall be released to the appellants after satisfying the usual formalities without further reference to this Court. Any amount already paid or deposited by the respondent No.2 shall be adjusted accordingly. As and when the awarded amount is deposited, the same shall be released to the appellants after satisfying the usual formalities without further reference to this Court. The impugned judgment and award stands modified only to the extent and in the manner indicated above. 8. The appeal is, therefore, disposed of in the above terms. Transmit the lower court records forthwith.