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2018 DIGILAW 943 (GAU)

ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. v. INA NARZARY

2018-06-15

MIR ALFAZ ALI

body2018
JUDGMENT : Mir Alfaz Ali, J. 1. Heard Mr. R Goswami, learned counsel for the appellant and Mr. AR Agarwala, learned counsel for the respondent. 2. This appeal is by the appellant/ICICI Lombard General Insurance Company Ltd, against the judgment and award dated 19.03.2015 passed by the MACT IV, Kamrup in MAC Case No. 349/2008 (Old) MAC Case No. 72/2008. 3. One Mizinsha Narzary, who was a driver by profession died in a motor vehicle accident on 05.11.2007, involving vehicle bearing registration No. AS-01-AE-3782, owned by respondent No. 5 and insured with the appellant ICICI Lombard General Insurance Company Ltd. 4. The wife and other legal representatives of the deceased, filed an application under Section 163 (A) of the Motor Vehicles Act, seeking compensation and the learned tribunal by the impugned award granted a compensation of Rs. 9,87,350/-. 5. Aggrieved by the said award, the Insurance Company preferred the instant appeal. 6. Mr. Goswami submits that the claim petition in the instant case, having been filed under Section 163 (A) of the Motor Vehicles Act, the tribunal ought to have determined the compensation as per the structured formula laid down in second schedule of the Motor Vehicles Act. However, learned tribunal while assessing the compensation, did not follow the second schedule and awarded an exorbitant compensation on various heads which are not in conformity with the second schedule. 7. Mr. Agarwala also very fairly concedes that the assessment ought to have been made as per the second schedule of the Motor Vehicles Act. Since there is no controversy that the compensation ought to have been awarded as per the second schedule, in view of the fact, that the application was filed under Section 163 (A) of the Motor Vehicles Act, the compensation to which the claimant shall be entitled in the instant case, under Section 163 (A) is assessed as under: Monthly income - ? deduction Rs. 3,300 Rs. 1,100 Annual income Rs. 2,200 x 12 Multiplier (27 years) Rs.26,400 x 18 Rs. 4,75,200 Funeral expense Rs. 15,000 Loss of estate Rs. 15,000 Loss of consortium Rs. 40,000 Rs. 5,45,200 8. The Insurance Company shall satisfy the above award by depositing the same with the tribunal with interest @ 6% per annum, as fixed by the tribunal within 6 (six) weeks. The amount if any, already paid by the Insurance Company towards satisfaction of the award, shall stand adjusted. 15,000 Loss of consortium Rs. 40,000 Rs. 5,45,200 8. The Insurance Company shall satisfy the above award by depositing the same with the tribunal with interest @ 6% per annum, as fixed by the tribunal within 6 (six) weeks. The amount if any, already paid by the Insurance Company towards satisfaction of the award, shall stand adjusted. The statutory deposit made by the Insurance Company be returned. 9. The appeal stands partly allowed. 10. Send back the LCR.