Branch Manager, Oriental Insurance Company Limited Aizawl Branch v. Saphnuni M/O K Lalrinkimi (L)
2018-09-19
SONGKHUPCHUNG SERTO
body2018
DigiLaw.ai
JUDGMENT : S Serto, J. Heard Mr. Lalremtluanga, learned counsel for the appellant and also heard Mrs. Linda L. Fambawl, learned counsel appearing for the respondent No. 1. 2. This is an appeal under Section 173 of MV Act, 1988, directed against the Judgment & Award dated 12.10.2017, passed by the learned Member-cum-Presiding Officer, MACT, Aizawl in MACT Case No. 21/2016. 3. The respondent No. 1 after the death of her daughter, who was unmarried, in a motor vehicular accident which took place on 24.10.2015, filed the MACT Case No. 15/2016 before the learned MACT, Aizawl claiming compensation under Section 166 of MV Act, 1988. After the parties were given an opportunity of proving their respective case b y producing evidence and after hearing them, the learned MACT, Aizawl passed the Judgment & Award dated 12.10.2017, wherein, the respondent No. 1 was awarded the compensation of Rs. 19,20,000/- (Rupees Nineteen Lakhs Twenty Thousand) only. The award, as given in the Judgment & Award is reproduced below:- "15. As such the compensation is as follows:- (1) Annual income Rs. 10000 X 12 = 120000 (2) Addition of 50% of future prospect Rs. 120000 X 50 = 60000 100 (3) Loss of income 120000 + 60000 X 18 = 16,20,000 (deducting 50%) (4) Loss love and affection parents Rs. 1,00,000 (5) Funeral Expenses Rs. 50,000 (6) Loss of Estate Rs. 1,00,000 (7) Loss of expectation of life Rs. 1,00,000 Total Compensation Awarded Rs. 19,20,000/- (Rupees Nineteen lakhs twenty thousand) only 16. As such the O.P. No. 2 Oriental Insu. Co. Ltd. is directed to deposit Rs. 19,20,000/- (Nineteen lakhs twenty thousand) only along with interest at 7% p.a. which is the existing fixed deposit rate, from the date of filing i.e. 20.6.2016 within one month from the date of Judgment to this Tribunal in form of account payee cheque or in cash or demand draft in favour of the Presiding Officer, Motor Accident Claims Tribunal for onward disbursement to the Claimant." 4. Being aggrieved by the amount of the award specially under the heads, Future Prospect, Loss of Income, Funeral Expenses, Loss of Estate and Loss of Expectation of Life, the appellant has filed the present appeal praying that the compensation given under these heads be modified as per the Judgment of the Hon'ble Supreme Court, passed in National Insurance Company Limited Vs. Pranay Sethi and Ors., (2017) 16 SCC 680 .
Pranay Sethi and Ors., (2017) 16 SCC 680 . 5. After hearing the learned counsels for the parties and perusing the records, it appears that the accident in which the respondent's daughter died took place on 24.10.2015, which is before the Judgment in Pranay Sethi and Ors. was passed. Since, the Judgment passed by the Hon'ble Supreme Court will have only prospective effect, the same cannot be applied in the present case. Therefore, the appeal is dismissed.