Md Abdul Maleque v. Divisional Manager, New India Assurance Co. Ltd.
2018-09-15
RUMI KUMARI PHUKAN
body2018
DigiLaw.ai
JUDGMENT : Rumi Kumari Phukan, J. Heard Mr S Das, learned counsel for appellant and Mr. A Acharya, learned counsel for respondent No. 1 and Ms L Kalita and also heard learned counsel for respondent No. 2 Mr. B. K Purkayastha. 2. Considering submissions of learned counsel for the parties the matter was taken up for disposal at the motion stage. 3. This appeal has been filed for enhancement of the award of MACT, Morigaon dated 6.5.2014 in MAC case No. 60/2009. 4. Appellant filed a claim petition before the Tribunal for compensation for the death of his son in a vehicular accident that took place when his son was coming on a motorcycle (AS-21/A-0092) riding pillion to Jagiroad from Morigaon suddenly a truck (AS-21-4257) coming to Nagaon from Amsoi in a rash and negligent manner dashed against the motorcycle and his son died on the spot, submitting that his son used to earn Rs 8,000 per month being a businessman. 5. The Tribunal issued notice to the owner, driver and insurer of the truck. They contested the case, filing written statements denying the allegations made in the claim petition. According to the owner of the truck, the vehicle was duly insured with the New India Assurance Co Ltd, the respondent no.1, and the driver had valid licence and so prayed exoneration for the liability. 6. Similarly the owner of the motorcycle also pleaded the same as the truck saying that the truck was duly insured with United India Insurance Co Ltd, the respondent No. 2, and the driver had valid licence and so they are not liable to pay compensation. 7. On the other hand, the Insurance Company raised the usual pleas that the liability is to be enforced if the authenticity of the accident is proved and there is fulfillment of terms and conditions of the Insurance policy. 8. Upon the pleadings necessary issues were framed by the Tribunal : (i) Whether the accident took place due to rash and negligent driving by the driver of offending vehicle in question, vehicle No. AS-21-4257 (truck) ? (ii) Whether the claimant/claimants is/are entitled to get any compensation ? if so, what should be the quantum of the said compensation ? (iii) Who should be liable to pay the compensation ? 9.
(ii) Whether the claimant/claimants is/are entitled to get any compensation ? if so, what should be the quantum of the said compensation ? (iii) Who should be liable to pay the compensation ? 9. Subsequently on consideration of the oral and documentary evidence, Tribunal has taken into account the age and income of the deceased who was a unmarried person and sole bread earner of the family and assessed the income of the deceased as a notional income by applying the multiplier 18 and after 50 per cent deduction decided the loss of dependency Rs. 1,35,000/- and by adding certain amount for funeral expenses of Rs. 5,000/- and for the conveyance of Rs. 5,000/- total Rs. 1,45,000/- was awarded to the claimant and the aforesaid amount was also paid by the Insurance Company. 10. However, being dissatisfied with the award present appeal has been preferred by the claimant on the ground that the learned Tribunal has taken the income of the deceased in a very lower side and other expenses that has been given is also not proper. Considering the prayer of the appellant, learned counsel for the Insurance Company also agreed to decide the matter on motion stage itself. 11. Admittedly, the deceased was an unmarried person and he was aged about 23 years and the claimant is the father of the deceased. As it appears that the application of multiplier is proper but the income that has been taken by the learned Tribunal is on lower side, at least income of Rs. 3000/- per month can be taken into account in the given circumstances. Similarly, the funeral expenses and the loss of estate can be decided in the light of the decision of National Insurance Company Ltd. Vs. Pranay Sethi and Others, (2017) AIR SC 5157. 12. Taking into account all above, the following amount of calculation can be made to be paid to the claimant at the enhanced rate. 1. Dependency Rs. 3,000/- after 50% deduction (1,500 x 12 x 18) Total Rs. 3,24,000/- 2. Funeral expenses Rs. 15,000/- 3. loss of estate Rs. 15,000/- 4. Conveyance Rs. 5,000/- Total Rs. 3,59,000/- The above amount will carry 7 per cent interest accordingly. 13.
1. Dependency Rs. 3,000/- after 50% deduction (1,500 x 12 x 18) Total Rs. 3,24,000/- 2. Funeral expenses Rs. 15,000/- 3. loss of estate Rs. 15,000/- 4. Conveyance Rs. 5,000/- Total Rs. 3,59,000/- The above amount will carry 7 per cent interest accordingly. 13. The new India Assurance Company Ltd. is hereby directed to pay the enhanced amount to the claimant by adjusting the earlier amount already paid, if any, as indicated above before the Tribunal within 6 (six) weeks from the date of the award. Return the LCR.