Daibaki Baruah, W/o. Late Hemaram Baruah v. Nisha Kumari, D/o. Shri Shankar Prasad Agarwalla
2023-09-07
PARTHIVJYOTI SAIKIA
body2023
DigiLaw.ai
JUDGMENT : Heard Ms. Padmini Baruah, learned counsel representing the appellants as well as Mrs. R.D. Mazumdar, learned counsel appearing for the respondents. 2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment dated 13.06.2016 passed by the learned Addl. District Judge (FTC), Darrang, Mangaldai in MAC (D) Case No.150/2011. 3. On 16.09.2010, Diganta Kumar Baruah was proceeding from Mangaldai to Guwahati by driving a Maruti Alto Car bearing Registration No.AS-01AK-9043. When the car reached in front of the Sipajhar Petrol Pump, a truck bearing Registration No. AS-12C-4825 dashed against the Alto Car and Diganta Kumar Baruah died on the spot. 4. He was a bachelor and was 31 years old. The Tribunal awarded a compensation of Rs.1,26,900/- along with interest @ 6% per annum. 5. The Tribunal considered the multiplier on the basis of the age of the mother of the deceased. The Tribunal further deducted 50% of the annual income of the deceased because he was a bachelor. Thereafter, again deducted 50% of the total amount of dependency. 6. I am of the considered opinion that the impugned judgment is bad in law and must be interfered with. 7. The assessment of compensation will be like this – 1. Income Rs.8,460/- P.M. 2. 40% add for future prospect Rs.8,460 x 40% = Rs.3,384/- 3. 50% dependency mother claimed Rs.8,460 + Rs.3,384/- = Rs.11,844/- 50% = Rs.11,844 x 50% Rs.5,922/- 4. 31 years, multiplier 16 Rs.5,922 x 12 x 16 = Rs.11,37,024/- 5. Conventional heads Rs.77,000/- 6. Total Rs.11,37,024 + Rs.77,000/- = Rs.12,14,024/- 7. 50% contributory negligence of deceased Rs.12,14,024 ÷ 50% = Rs.6,07,012/- 8. Already deposited judgment amount along with interest in Tribunal Rs.1,26,900 + 6% interest 9. To be paid after deducting amount already deposited in Tribunal to be taken from Tribunal Rs.6,07,012 – Rs.1,26,900/- = Rs.4,80,112/- 8. Now, the claimants will be entitled to Rs.4,80,112/- apart from the amount which is already deposited in the Tribunal. The Insurance Company is directed to pay Rs.4,80,112/- to the claimants within next 2(two) months. Send back the LCR.