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2018 Supreme(Gau) 928

IN THE HIGH COURT OF GAUHATI AT AIZAWL BENCH
SONGKHUPCHUNG SERTO, J.
Branch Manager, Oriental Insurance Company Limited Aizawl Branch - Appellant
Vs.
Saphnuni M/O K Lalrinkimi (L) - Respondent
Motor Accident Claims Appeal No. 41 of 2017
Decided On : 19-09-2018

Advocates Appeared:
Lalremtluanga, Adv., Linda L Fambawl, Adv.

The applicability of a Supreme Court judgment on compensation under various heads in motor vehicular accident cases is limited to cases occurring after the judgment was passed.

Headnote:

MV Act, 1988 - Compensation under Section 166 - Court's interpretation of compensation under various heads and applicability of Supreme Court judgment

Fact of the Case:

The appellant filed an appeal against the Judgment & Award passed by the MACT, Aizawl, claiming that the compensation awarded under various heads should be modified as per the Judgment of the Hon'ble Supreme Court in National Insurance Company Limited Vs. Pranay Sethi and Ors.

Finding of the Court:

The court dismissed the appeal, stating that the accident occurred before the Supreme Court judgment was passed, and therefore, the judgment would have only prospective effect and could not be applied in the present case.

Issues: Applicability of Supreme Court judgment on compensation under various heads in a motor vehicular accident case

Ratio Decidendi: The court held that the Supreme Court judgment would have only prospective effect and could not be applied to the present case where the accident occurred before the judgment was passed.

Final Decision: The appeal was dismissed by the court.

JUDGMENT :

S Serto, J.

Heard Mr. Lalremtluanga, learned counsel for the appellant and also heard Mrs. Linda L. Fambawl, learned counsel appearing for the respondent No. 1.

2. This is an appeal under Section 173 of MV Act, 1988, directed against the Judgment & Award dated 12.10.2017, passed by the learned Member-cum-Presiding Officer, MACT, Aizawl in MACT Case No. 21/2016.

3. The respondent No. 1 after the death of her daughter, who was unmarried, in a motor vehicular accident which took place on 24.10.2015, filed the MACT Case No. 15/2016 before the learned MACT, Aizawl claiming compensation under Section 166 of MV Act, 1988.

After the parties were given an opportunity of proving their respective case b y producing evidence and after hearing them, the learned MACT, Aizawl passed the Judgment & Award dated 12.10.2017, wherein, the respondent No. 1 was awarded the compensation of Rs. 19,20,000/- (Rupees Nineteen Lakhs Twenty Thousand) only. The award, as given in the Judgment & Award is reproduced below:-

"15. As such the compensation is as follows:-

(1)

Annual income

Rs. 10000 X 12 = 120000

(2)

Addition of 50% of future prospect

Rs. 120000 X 50 = 60000 100

(3)

Loss of income

120000 + 60000 X 18 = 16,20,000 (deducting 50%)

(4)

Loss love and affection parents

Rs. 1,00,000

(5)

Funeral Expenses

Rs. 50,000

(6)

Loss of Estate

Rs. 1,00,000

(7)

Loss of expectation of life

Rs. 1,00,000

Total Compensation Awarded

Rs. 19,20,000/-

(Rupees Nineteen lakhs twenty thousand) only

16. As such the O.P. No. 2 Oriental Insu. Co. Ltd. is directed to deposit Rs. 19,20,000/- (Nineteen lakhs twenty thousand) only along with interest at 7% p.a. which is the existing fixed deposit rate, from the date of filing i.e. 20.6.2016 within one month from the date of Judgment to this Tribunal in form of account payee cheque or in cash or demand draft in favour of the Presiding Officer, Motor Accident Claims Tribunal for onward disbursement to the Claimant."

4. Being aggrieved by the amount of the award specially under the heads, Future Prospect, Loss of Income, Funeral Expenses, Loss of Estate and Loss of Expectation of Life, the appellant has filed the present appeal praying that the compensation given under these heads be modified as per the Judgment of the Hon'ble Supreme Court, passed in National Insurance Company Limited Vs. Pranay Sethi and Ors., (2017) 16 SCC 680.

5. After hearing the learned counsels for the parties and perusing the records, it appears that the accident in which the respondent's daughter died took place on 24.10.2015, which is before the Judgment in Pranay Sethi and Ors. was passed. Since, the Judgment passed by the Hon'ble Supreme Court will have only prospective effect, the same cannot be applied in the present case. Therefore, the appeal is dismissed.

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