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IN THE HIGH COURT OF GAUHATI AT AIZAWL BENCH
Songkhupchung Serto, J.
New India Assurance Company Limited - Appellant
Vs.
S.R. Majumder and Ors. - Respondents
MAC APP. No. 28 of 2017
Decided On : 27-07-2018
Motor Vehicles Act, 1988 - Section 166 and 147 - Accident – Claim of Compensation - Appeal directed against Judgment and Award - Deceased who was son of respondent No husband and father of respondent and respectively was riding his motor cycle bearing registration with a pillion rider late father while riding motor cycle at near they tried to overtake a Truck bearing Registration which was moving towards and all of a sudden they fell down and Truck ran over both of them and as a result pillion rider late died at spot and late died in Hospital - Held, contentions of appellant that monthly income of deceased late could have only been at best Rs is not acceptable because an income certificate which was issued by an Officer under whom deceased worked as Muster Roll was exhibited and exhibit shows that income of deceased was Rs Income Certificate exhibited before Tribunal and To Whom it may Concern and this is to certify that Electric has drawn salary Rs Rupees seven thousand five hundred only per month and he has been engaged as casual labor under Variegate Power Sub-Division When an Income Certificate is issued by an Officer of Power & Electricity Department that too by one who was responsible for distribution of monthly salary Court find no reason to doubt on veracity or genuineness or truthfulness of certificate second ground of appeal is also rejected Now coming to third ground of appeal since accident occurred before judgment cited by counsel for appellant was passed this Court is of view that judgment of Supreme Court in that case will not apply in this case and Court find compensation given by counsel under following heads and Loss of consortium for wife and Funeral Expenses and Rs Loss of Estate and are not excessive but reasonable compensation at that relevant time and In view of above discussions and conclusions appeal is rejected no cost - Appeal disposed of
Songkhupchung Serto, J.
1. This is an appeal directed against the Judgment and Award dated 12.06.2017 passed by the Motor Accident Claims Tribunal, Aizawl in MACT Case No. 66/2015. Heard Mr. Lalfakawma, learned counsel appearing for the appellant i.e. New India Assurance Company Limited and Mr. Johny L. Tochhawng, learned counsel appearing for the respondent Nos. 2 to 5. None appears on behalf of the respondent No. 1.
2. Facts in brief:
On 24.02.2015 at around 9.20 pm, late Lalmalsawma, who was the son of the respondent Nos. 2 and 3, husband and father of the respondent Nos. 4 and 5, respectively was riding his motor cycle bearing registration No. MZ 01-J-6839 with a pillion rider, namely, late Lalrinawma. While riding the motor cycle at Vairengte, near Kawngthar Veng, they tried to overtake a Truck bearing Registration No. MZ-01-B- 9742, which was moving towards Aizawl, and all of a sudden, they fell down and the Truck ran over both of them and as a result, the pillion rider late Lalrinawma died at the spot and late Lalmalsawma died in the Hospital.
3. Since the deceased Lalmalsawma, who was a Muster Roll worker under the Department of Power & Electricity, Government of Mizoram was the only bread earner of the family, the respondent Nos. 2 to 5 filed an application under Section 166 of the Motor Vehicles Act, 1988 claiming compensation before the Motor Accident Claims Tribunal, Aizawl making the present appellant as one of the respondents since the offending vehicle i.e. the Truck bearing Registration No. MZ-01-B- 9742 was insured under Policy No. 53060031140200002543 with validity from 05.07.2014 to 04.07.2015. The respondents who were claimants before the learned Tribunal produced and examined four witnesses, but neither the appellant in this case nor the other respondents examined any witness in support of their case.
4. After hearing the parties through their learned counsel and after appreciating the evidence given by the respondents/claimants, the learned Tribunal passed the impugned Judgment dated 12.06.2017 and awarded a sum of Rs. 23,72,500/- as compensation alongwith interest @ 9% per annum from the date of filing of the claim petition i.e. 19.05.2015. The operative portion of the Judgment and Award dated 12.06.2017 is reproduced herein below:-
"15. As such the compensation is as follows:-
| 1. | Annual income | Rs. 7500x12 = 90000 |
| 2. | Addition of 50% of future prospect | Rs. 90000 x 50 = 45000 100 |
| 3. | Loss of income | 90000 + 45000 x 18 x3 = 18,22,500 4 |
| 4. | Loss of love and affection for parents | Rs. 1,00,000 |
| 5. | Loss of love & affection for one minor children of the deceased. | Rs.1,00,000 |
| 6. | Loss of consortium for wife | Rs.1,00,000 |
| 7. | Funeral Expenses | Rs.50,000 |
| 8. | Loss of Estate | Rs.1,00,000 |
| 9. | Loss of expectation of life | Rs.1,00,000 |
|
| Total compensation Award | Rs.23,72,500/- |
| (Rupees twenty three lakhs seventy two thousand five hundred) only. | ||
16. As such the O.P No. 2, New India Assurance Co. Ltd. is directed to deposit Rs. 23,72,500/- (Rupees twenty three lakhs seventy two thousand five hundred) only along with 9% p.a. interest from the date of filing i.e., 19.05.2015 within one month from the date of Judgment to this Tribual 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.
17. The case is disposed accordingly."
5. Being aggrieved by the Judgment and Award, the appellant has filed this appeal challenging the same on three grounds. They are- (i) That no negligence was proved against the driver of the offending Truck (ii) That the monthly income of the deceased which was fixed @ Rs. 7500/- by the learned Tribunal is without any basis and (iii) That the compensation given under the following heads:
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