National Insurance Co. Ltd. v. On the Death of Bakul Chetiah, His Legal Heir- S/o. Dimbeswar Chetia
2024-10-28
PARTHIVJYOTI SAIKIA
body2024
DigiLaw.ai
JUDGMENT : Parthivjyoti Saikia, J. Heard Mr. A.J. Saikia, learned counsel representing the appellant as well as Mr. B. Baruah and Mr. H. Buragohain learned counsel appearing for the respondents. 2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 09.10.2018 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (Metro), Assam in MAC Case No.62/2014. 3. On 05.10.2013 at about 11.30 A.M., Sri Bakul Chetia was working as a handyman in vehicle bearing Registration No. AS-07-C-0631 (Trax Cruiser). On that day, the vehicle was plying from North Lakhimpur side towards Bihpuria. When the said vehicle stopped at Gendheli for picking up passengers, one MAX Pickup Van bearing Registration No.AS-03-E-1608 had hit Bakul Chetia. He sustained grievous injuries. As a result of which, both the legs of Bakul Chetia had to be amputated. 4. At the time of the accident, Bakul Chetia was 22 years old and he was earning Rs.5,000/-per month. 5. A claim petition was filed before the Tribunal. The Insurance Company had contested the case by filing written statement. According to the Insurance Company, the vehicle in which Bakul Chetia was working had collided with the vehicle bearing Registration No.AS-07-C-0631. The Insurance Company claimed that the accident occurred because of the vehicle where Bakul Chetia was travelling. 6. The claimant examined himself only. He submitted medical vouchers. The present appellants did not examine any witness. 7. Finally, the Tribunal allowed the claim petition and directed the appellant Insurance Company to pay a compensation of Rs.27,11,038/- along with existing bank interest. 8. Aggrieved by the aforesaid judgment, the appellant Insurance Company filed the present appeal. 9. I have considered the submission made by the learned counsel of both sides. 10. This Court is of the opinion that the learned Tribunal has erroneously calculated the compensation amount. 11. The calculation should have been like this- 1. Income Rs.5,900/- 2. Future prospect @ 40% Rs.2,360/- Rs.8,260/- Annual Income Rs.8,260 x 12= Rs.99,120/- After deduction of 25% for personal expenses, the 75% of the annual income will be : Rs.99,120 – Rs.24,780/- = Rs.74,340/- Multiplier 18 (for age 21 to 25 years) : Rs.74,340 x 18 = Rs.13,38,120/- Total Compensation Loss of Income Rs.13,38,120/- Medical Expenditure Rs.1,61,638/- Attendance Charges Rs.25,000/- Nutrition and diet etc. Rs.25,000/- Rs.15,49,758/- 12. The appeal is allowed.
Rs.25,000/- Rs.15,49,758/- 12. The appeal is allowed. The impugned judgment and award dated 09.10.2018 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (Metro) in MAC Case No.62/2014 stands modified accordingly. 13. The Insurance Company is directed to pay Rs.15,49,758/- to the claimant along with interest at the rate of 6% per annum to be calculated from the date of filing of the claim petition. The compensation amount shall be deposited within next 6(six) weeks in the Motor Accident Claims Tribunal No.2, Kamrup (M), Guwahati. 14. The statutory deposit shall be returned to the Insurance Company. Send back the LCR.