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2025 DIGILAW 455 (GAU)

National Insurance Co Ltd v. Maya Rabon

2025-03-17

DEVASHIS BARUAH

body2025
JUDGMENT : Heard Ms. A. Biyani, the learned counsel appearing on behalf appellant. None appears on behalf of the respondents on call. 2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 10.10.2012 by which the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar (hereinafter referred to as ‘the learned Tribunal’) had awarded an amount of Rs.12,39,600/- along with interest @9% per annum w.e.f. 27.07.2009 till realization. 3. The learned counsel for the appellant submitted that the only ground of objection taken to the said impugned judgment and award is that the income certificate was not proved. 4. Taking into account the said ground of objection, let this Court take up the instant appeal for final disposal. 5. The materials on record shows that on 03.11.2008, at around 5:30 AM, one Mr. Hamdiaw Lamare (since deceased) while boarding on a bazar bus bearing Registration No.ML-04-8067 was proceeding from Umrangshu to Jowai. At around 8 AM at Nongryngkoh village, the bus fell into a deep gorge resulting into the accident causing fatal injury on Late Hamdiaw Lamare and he succumbed to his injuries and died on the spot. Pursuant thereto, an FIR was filed on 04.11.2008 which was registered and numbered as Garampani OP Case No.34. 6. It is also seen that there was an order passed by the Deputy Commissioner, Jaintia Hills District, Jowai which is exhibited as Exhibit-5 wherein it has been stated that Hamdiaw Lamare’s death was caused due to an accident by the bus bearing Registration No. ML-04-8067 at Nongryngkoh village and it was opined on the basis of the report from the Officer In-charge of Garampani Police Out Post that the cause of death was purely accidental and there is no suspicion of any foul play in the accident. 7. On account the death of Late Hamdiaw Lamare, the claimants filed the claim proceedings which have been registered as MAC Case No.972/2009 before the learned Tribunal. None had appeared on behalf of the owner as well as the driver. However, the appellant Insurance Company appeared and filed the written statement. On the basis of the pleadings, the learned Tribunal framed three issues which were: (i) Whether the application for claim is maintainable in the present form? (ii) Whether the claimant is entitled to compensation as prayed for? However, the appellant Insurance Company appeared and filed the written statement. On the basis of the pleadings, the learned Tribunal framed three issues which were: (i) Whether the application for claim is maintainable in the present form? (ii) Whether the claimant is entitled to compensation as prayed for? (iii) To what relief the parties are entitled to? 8. On behalf of the claimants, the wife of the deceased filed her evidence on affidavit and had exhibited various documents. The various documents exhibited were the Accident Information Report, certified copy of the FIR, certified copy of the inquest report of the dead body of the deceased Late Hamdiaw Lamare, the certified copy of the dead body Challan of the deceased; certified copy of the post-mortem examination report of late Hamdiaw Lamare issued by the Deputy Commissioner, Jaintia Hills District, Jowai as well as the income certificate of Late Hamdiaw Lamare issued by the Member, District Council, Jaintia Hills Autonomous District Council, Jowai wherein it was mentioned that the annual income of the deceased from his occupation as a Coal Field Contractor was Rs.1,70,000/-. The said witness was cross-examined by the appellant Insurance Company. The appellant Insurance Company however did not file any evidence. 9. The learned Tribunal vide the impugned judgment and award dated 10.12.2012 awarded an amount of Rs.12,39,600/- along with interest @9% per annum w.e.f.27.07.2009 till realization. It is relevant to take note of that although the Exhibit-6 categorically mentioned that the annual income of the deceased was Rs.1,70,000/- per annum, which the commensurate to Rs.14,000/- per month, the learned Tribunal only granted 8,400/- per month taking into account that the business of coal was not stable at all time. 10. This Court has also perused the compensation which was awarded by the learned Tribunal and taking into account the manner in which the computation was carried out, this Court finds no ground to interfere with the impugned award for which the instant appeal stands dismissed. 11. Ms. A. Biyani, the learned counsel appearing on behalf of the appellant submits that an amount of Rs.10,00,000/- was deposited at the time of the admission of the appeal. The appellant Insurance Company is directed to deposit the remaining amount along with interest before the Registry of this Court within 6 (six) weeks from today. 12. 11. Ms. A. Biyani, the learned counsel appearing on behalf of the appellant submits that an amount of Rs.10,00,000/- was deposited at the time of the admission of the appeal. The appellant Insurance Company is directed to deposit the remaining amount along with interest before the Registry of this Court within 6 (six) weeks from today. 12. The claimants shall be at liberty to file appropriate application before the Registry of this Court and the Registry shall on the basis of such application and after making due identification and proper verification and also upon furnishing of the bank particulars release the said amount to the claimants. 13. The Registry is directed to forthwith return the LCR to the learned Court below.