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IN THE HIGH COURT OF GAUHATI, AIZAWL BENCH
M.R. Pathak, J.
J. Evelyn and Others – Appellants
Versus
K. Lalbiakthuami and Another – Respondents
MAC Appeal No. 13 of 2015
Decided On : 26-02-2016

Advocates Appeared:
For the Appellants : Lalfakawma and Rosangzuala Ralte.

Headnote:

Motor Vehicles Act, 1988 - Sections 173 and 163A - Accident – Claim of compensation - Case is that on night when was riding his own bike bearing registration No. MZ another vehicle TATA 207 DI Pick-Up Van bearing Registration No. MZ-01-D-hit deceased and due to said motor vehicle accident rider of bike suffered head injuries and succumb to his injuries on itself at Civil Hospital - Deceased was 32 years of age - It was stated that though the bike accident vehicle was bought by deceased from respondent no. 1, but ownership of bike was not transferred to his name at time of said accident - During his life time said, who died motor vehicle accident was working as sales person - Appellants as claimants preferred an application under Section 163A of Motor Vehicle Act, 1988 before Motor Accident Claims for due compensation as per law and it was registered & numbered as MACT Case No. - Appellants claimants no. 1 & 2 are sisters of deceased appellant claimant no. 3 is aunt of deceased with deceased stayed till time of his death - Offending vehicle bearing Registration No. MZ-01-D-was validly insured with Oriental Insurance Company - Respondent no. 2 midnight and driver of said offending vehicle had a valid driving licence – Held, Deceased was a Mizo, resident of Aizawl and in State there is no provision towards deduction of Income Tax and as such there would be no deduction towards income tax from income of deceased - compensation just, equitable fair and reasonable, there must be an addition to actual income of deceased while computing future prospects - as held in case of reported in 7 SCC appellants shall be entitled to towards Loss of Estate - It is seen that two of claimants are sisters of deceased who stays with their father in a different state and other claimant is aunt of deceased having a grown up daughter - Court is not inclined to add anything towards head Loss of Love and Affection - Evidence towards higher expenses of funeral - Court is reluctant to add anything extra to head - Learned counsel appellants submitted respondent No. Oriental Insurance Company Limited have not yet deposited Awarded amount as directed by MACT - Now total amount of compensation to be awarded to claimants/appellants will come to only together with interest annum on awarded amount from date of filing of claim petition comply aforesaid award - Respondent Oriental Insurance Company Limited is hereby directed to make payment of aforesaid amount by depositing same a period of 2 months receipt of certified copy of this judgment to Motor Accident Claims Tribunal in form of Account Payee or in favour of Presiding Officer, Motor Accident Claims Tribunal, Aizawl for onward disbursement to claimants/appellants - Made clear that MACT, shall disburse actual payment to claimants/ appellants after satisfying the necessary formalities and identification of the recipient - Appeal is partly allowed

JUDGMENT AND ORDER :

M.R. Pathak, J.

1. This MAC Appeal under Section 173 of the Motor Vehicles Act, 1988 is against the Judgment & Award dated 15.09.2015 and the corrigendum dated 24.09.2015 passed by the learned Member-cum-Presiding Officer, Motor Accident Claims Tribunal, Aizawl in MACT Case No. 21/2014.

2. Heard Mr. Lalfakawma, learned counsel appearing for the appellants. Though notices were duly served upon both the respondents, but they did not appear in this case.

3. The brief fact of the case is that on the night of 22.03.2013 around 8:20 pm when the Joseph Lalthlamuana was riding his own bike bearing registration No. MZ-01-E-0927, another vehicle TATA 207 DI Pick-Up Van bearing Registration No. MZ-01-D-9750 hit the deceased at Zarkawt, Aizawl and due to said motor vehicle accident the rider of the bike Joseph Lalthlamuana suffered head injuries and succumb to his injuries on the night of 22.03.2013 itself at the Civil Hospital, Aizawl. At the time of his death, the deceased was 32 years of age. It was stated that though the bike, i.e. the accident vehicle, was bought by the deceased from the respondent no. 1, but the ownership of the bike was not transferred to his name at the time of the said accident.

4. During his life time said Joseph Lalthlamuana, who died in the above noted motor vehicle accident, was working as sales person at G.I. Info Tech. at Zarkawt, Aizawl and the present appellants as claimants on 25.04.2014 preferred an application under Section 163A of the Motor Vehicle Act, 1988 before the Motor Accident Claims Tribunal, Aizawl for due compensation as per law and it was registered & numbered as MACT Case No. 21/2014. The appellants claimants no. 1 & 2 are the sisters of the deceased and the appellant claimant no. 3 is the aunt of the deceased with whom the deceased stayed till the time of his death. The offending vehicle (TATA 207 DI Pick-Up Van) bearing Registration No. MZ-01-D-9750 was validly insured with the Oriental Insurance Company Ltd. the respondent no. 2 w.e.f 17.12.2012 to 16.12.2013 midnight and the driver of the said offending vehicle had a valid driving licence.

5. The respondent opposite no. 2 contested the said MACT Case No. 21/2014 by filing its written statement stating that the claim petition is not maintainable, there is no cause of action, it was not valued properly, is bad for mis-joinder and non-joinder of necessary party and raised disputes with regard to authenticity of various documents annexed to the petition and accordingly submitted for dismissal of the claim petition.

6. The Tribunal after going through the pleading of the parties framed the following issues:

(i) Whether the claim petition is maintainable in the present form and style submitted by the claimants' appellants.

(ii) Whether the claimants are entitled to the compensation claimed and if so, to what extend.

(iii) If the claimants are entitled to the compensation claimed then who is liable to pay the same.

7. During the trial, the claimants/appellants examined two witnesses including the claimant No. 3/appellant No. 1 and the employer of the deceased. But the respondents did not adduce evidence.

8. The appellants/claimants submitted that while passing the impugned Judgment & Award dated 15.09.2015, the MACT had inadvertently taken the income of the deceased as Rs. 3,000/- per month, although the claimant appellant had clearly submitted and adduced evidence that his income was Rs. 3,200/- per month only and therefore the learned Tribunal amended the said Judgment & Award dated 15.09.2015 by way of a corrigendum dated 24.09.2015 and corrected the amount of the award from Rs. 4,35,000/- to Rs. 4,62,200/- calculating the monthly income of the deceased @ Rs. 3,200/- per month. The appellants/claimants being aggrieved with said judgment and award of the MACT, Aizawl























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