Research › Search › Judgment

Gauhati High Court · body

2022 DIGILAW 45 (GAU)

Niru Chetia W/o Khusheswar Chetia v. Shriram General Insurance Co.

2022-01-19

PARTHIVJYOTI SAIKIA

body2022
JUDGMENT : PARTHIVJYOTI SAIKIA, J. 1. Heard Mr. A.R. Agarwal, leaned counsel for the appellant and Mr. R. Goswami, learned counsel for the Respondent/Insurance Company. 2. This appeal is by the claimant against the judgment and award dated 27.03.2014 passed by the MACT No. 2, Kamrup, Guwahati in MAC Case No. 2306/2012. 3. The primary ground for filing this appeal is that though the claimant filed the salary slip of the deceased showing that the deceased was getting Rs. 6,400/- per month, but inspite of that, the learned tribunal held that the monthly income of the deceased was Rs. 4,000/-. 4. I have gone through the impugned judgment. 5. The record shows that the income of the deceased was not proved. The monthly income of the deceased should have been held at Rs. 5,000/- per month. The deceased is stated to be between 22-25 years of age and therefore, multiplier should be 18. Moreover, future prospect should have been 40% instead of 50% as awarded by the learned tribunal as per the decision of the Apex Court in National Insurance Co. vs. Pranay Sethi, (2017) ACJ 2,700. 6. In view of the above, the quantum of modified compensation, to which the claimant is entitled is reassessed as under: Loss of dependency Rs. 7,56,000/- Conventional heads Rs. 77,000/- Transportation of the body Rs. 5,000/- Total Rs. 8,38,000/- 7. The respondent Insurance Company shall satisfy the above award with interest @ 6% p.a. from the date of filing the claim petition by depositing the same with the Registry of this Court within one month. Any payment paid in the meantime towards satisfaction of the award shall stand adjusted. 8. The claimant shall be at liberty to withdraw the aforesaid amount on proper identification. 9. The appeal accordingly stands allowed. 10. Send back the LCR.