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2025 DIGILAW 1087 (GAU)

United India Insurance Company Ltd. v. Balo Laling, Son of Late Balo Loma

2025-06-20

BUDI HABUNG

body2025
JUDGMENT : BUDI HABUNG, J. Heard Mr. Uttam Deka, learned counsel for the appellant Insurance Company. I have also heard Mr. R. Sonar, learned counsel for the Respondent claimant. 2 . The MAC Case No. 03/2017 filed by the claimant/respondent was allowed by the Member of the MACT, Papumpare District, Yupia, by its judgment and award dated 13.05.2022, whereby a compensation of Rs. 64,11,000/- was awarded along with interest at the rate of 9% per annum in favour of the claimant/respondent for the death of the deceased in the motor vehicle accident. 3 . Being aggrieved, the appellant United Insurance Company Limited filed this appeal seeking reduction of the income of the deceased on the ground that the income certificate of the deceased was obtained by the claimant/respondent after the death of the deceased and the same has not been proved by the person who issued the same. The further ground for challenge of the appeal is that the claimant respondent filed claim petition seeking direction for payment of compensation of Rs. 41,30,000/- however the learned Tribunal has granted Rs. 64,11,000/- beyond the pleadings. The appellant contends that the learned Tribunal did not consider this aspect of the matter. 4 . The facts leading to the filing of this appeal are that, on 12.02.2015, at about 8:30 a.m., while the deceased was on the way from Papu nalla, Naharlagun to Karsingsa, in a motorcycle bearing Registration No. AR01F7918 being driven by Shri. Bagjam Tasung and the deceased Smti. Balo Yagung as a pillion rider, the offending vehicle (truck) bearing registration no. AS07C-2250, dashed the motorcycle from back side, near Him petrol pump, Papu nalla resulting in the instant death of the deceased on the spot. The criminal case was registered being Naharlagun PS case no. 23/2015 under Sections 279/337/304(A) of the IPC. Upon conclusion of the investigation, the Investigating Officer submitted a charge sheet against the driver of the offending vehicle. 5 . The respondent/claimant filed a claim petition before the learned Tribunal seeking compensation of Rs. 41,30,000/- for the death of the deceased wife. 6. The claim petition was contested by the opposite party. The United India Insurance Company, filed a written statement. Based on the pleadings, the learned Tribunal framed altogether six issues. 7 . The learned Tribunal, upon conclusion, disposed of the claim case by the impugned judgment and order dated 13.05.2022. 41,30,000/- for the death of the deceased wife. 6. The claim petition was contested by the opposite party. The United India Insurance Company, filed a written statement. Based on the pleadings, the learned Tribunal framed altogether six issues. 7 . The learned Tribunal, upon conclusion, disposed of the claim case by the impugned judgment and order dated 13.05.2022. The Tribunal decided all the issues in the affirmative, holding that the deceased died due to the motor accident. The appellants/Insurance company have no grievance regarding the Tribunal’s findings on Issue No. 1, 2, 4, 5, and 6. 8 . However, on Issue No. 3, concerning the monthly income of the deceased that he was earning Rs. 30, 000/- per month at the time of her death, the appellant contended that the Tribunal’s decision on this issue was erroneous as the learned Tribunal did not consider the fact that the deceased was doing a petty business of chicken, vegetables and ornaments and her income certificate was issued without any basis and it was not proved by the person who have issued the same. Given this fact, the learned Member ought to have considered and granted the notional income of the deceased at Rs. 10,000/- which was entitled to the contingent worker at the relevant time. 9 . However, at this stage, the appellant’s counsel clarified that the facts of the case in MAC Case No. 03/2017 are not disputed. Furthermore, he stated that he has no objection regarding the grant of compensation in other head. He further submitted that the Insurance company is agreeable to the income of the deceased at Rs. 25,000/-, the counsel for the Insurance company fairly submitted that the claimant is entitled as per the law laid down by the Hon’ble Supreme court in National Insurance Company Limited Vs. Pranay Sethi and Ors reported in (2017) 16 SCC 680 , and he would have no objection if the amount granted under the head loss of estate and loss of consortium is granted as per the decision of the Pranay Shetty case (Supra). 10 . The learned counsel for the appellant, while referring to an Hon’ble Supreme Court judgment, decided in Syed Sadiq and Others Vs. Divisional Manager, United India Insurance Company Limited reported in (2014) 2 SCC 735 , submits that in that case, Rs. 6,500/per month was considered a reasonable earning capacity for a vegetable vendor. 10 . The learned counsel for the appellant, while referring to an Hon’ble Supreme Court judgment, decided in Syed Sadiq and Others Vs. Divisional Manager, United India Insurance Company Limited reported in (2014) 2 SCC 735 , submits that in that case, Rs. 6,500/per month was considered a reasonable earning capacity for a vegetable vendor. Based on this, he requests that the deceased’s income be reduced. However, considering that the deceased apart from selling vegetable was also selling chicken and she was also doing a business of selling local ornaments, the appellant submits that he is agreeable to the income of the deceased at Rs.25,000/- per month. 11 . The learned counsel for the respondent/claimant fairly states that, although the income certificate of the deceased was issued by the competent authority that she was earning Rs. 30,000/- per month, the said income certificate was not proved before the Tribunal. Therefore, considering that the learned counsel for the appellant has fairly agreed for enhancement of the amount in other heads as per the decision of the Pranay Sethi case (supra), he has no objection if the monthly income of the deceased is reduced from Rs. 30,000/- to Rs. 25,000/-. 12. After hearing both parties and considering that there is no dispute regarding the need to reduce the deceased’s monthly income, this Court finds that the income of the deceased can be reduced from Rs. 30,000 to Rs. 25,000/- per month. 13 . As agreed, the amounts awarded for funeral expenses, loss of love and affection, and loss of estate is enhanced to Rs. 15,000/-; loss of consortium is increased to Rs. 40,000/-. The rest of the compensation being not disputed shall remain intact. 14 . Based on these considerations, the award by the Tribunal is modified as follows: (i) Loss of income @ Rs. 25,000/- 25,000 x 12= Rs. 3,00,000/- (ii) Deducting 1/4 for personal expenses: Rs. 75,000/-. (iii) Future Prospect 40% of Rs. 3,00,000/= Rs. 1,20,000/- (iv) Loss of dependency= Rs.3,00,000 x17(multiplier) =51,00,000/- (v) Loss of estate: 15,000x4=60,000/- (vi) Loss of consortium=40,000x4=1,60,000/- (vi) Expenses for funeral=Rs.15,000/- Total compensation: Rs. 53,35,000/(Rupees Fifty Three Lakhs Thirty Five Thousand) 15. Interest at 9% per annum shall accrue from the date of award, i.e., from 13.05.2022 until full payment. 16 . Accordingly, the judgment and award dated 13.05.2022 is modified to the extend as indicated above. 53,35,000/(Rupees Fifty Three Lakhs Thirty Five Thousand) 15. Interest at 9% per annum shall accrue from the date of award, i.e., from 13.05.2022 until full payment. 16 . Accordingly, the judgment and award dated 13.05.2022 is modified to the extend as indicated above. The respondent, United India Insurance Company Limited, is directed to deposit the rest of the amount as modified along with accrued interest before the Registry of this Court within 45 days of receiving a certified copy of this order. The amount shall be paid to the claimant upon proper identification, in accordance with the Tribunal’s judgment. 17. The statutory deposit of Rs. 25,000/- made by the appellant shall be adjusted towards the awarded amount and be released to the claimants along with accrued interest, if any. 18 . The appeal is partially allowed to the extent as indicated above and disposed of accordingly. If any record is available, it shall be returned.