Back
IN THE HIGH COURT OF GAUHATI
MANISH CHOUDHURY, J.
New India Assurance Co. Ltd - Appellant
Versus
Sangeeta Gogoi and Ors - Respondent
MAC App. 317 of 2013
Decided On : 08-03-2019
Motor Vehicles Act, 1988 – Section 173 – Indian Penal Code – Sections 279, 304A, 427 – Scrutiny – Memorandum of appeal – Negligence – Guilty – Loss of consortium – This statutory appeal under Section 173 of Motor Vehicles Act, 1988, as amended is preferred against judgment and award passed by learned Member, Motor Accident Claims Tribunal, in MAC Case – By judgment and award Motor Accident Claims Tribunal had awarded an amount as compensation along with simple interest per annum from date of filing of claim application till realization of entire amount – Held, In Constitution Bench decision of Supreme Court in case of National Insurance Company Limited vs. Pranay Sethi and ors., reported in 16 SCC 680, it is held that while determining income, an addition of 50% of actual salary to income of deceased towards future prospects where deceased had a permanent job and was below age of 40 years, should be made – In view of such settled position of law, addition of 50% to actual salary for future prospects of deceased who had a permanent job in Indian Army Corps as Nursing Assistance and below age of 40 years, was rightly added by Claims Tribunal – Claims Tribunals on basis of Ext.-9 -:Service Certificate issued by employer through Lt. Col. Officer Commanding had accepted actual salary of deceased at Rs. 8,014/- and arrived at figure of assessment of Rs. 16,41,000/-, as extracted above – Accordingly, after assessing total compensation payable at Rs. 16,41,000/-, Claims Tribunal had awarded interest @ 6% per annum on said amount w.e.f. 27.04.2006 i.e. date of filing Claim petition till realization of entire amount – Appeal is Dismissed
JUDGMENT :
MANISH CHOUDHURY, J.
1. This statutory appeal under Section 173 of the Motor Vehicles Act, 1988, as amended, (the Act, in short) is preferred against the judgment and award dated 09.10.2012 passed by the learned Member, Motor Accident Claims Tribunal, Golaghat in MAC Case No. 95/2006. By the judgment and award dated 09.10.2012, the Motor Accident Claims Tribunal, Golaghat (the Claims Tribunal, in short) had awarded an amount of Rs. 16,41,000/- as compensation along with simple interest @ 6% per annum from the date of filing of the claim application i.e. 27.04.2006 till realization of the entire amount.
2. The factual matrix leading to the institution of the claim application is that on 16.02.2006, at around 2-45 p.m., the vehicle bearing registration No. AS-02/A-0477 (bus) was coming from Nagaon side to Jorhat side on the National Highway No. 37 with passengers on board. While so proceeding, it knocked down a two wheeler vehicle bearing registration No. AS-05/6371 (LML Vespa Scooter) at a place on the National Highway No. 37 near Rangamati Tea Estate Factory. The accident had occurred when the two vehicles were coming from the opposite directions. As a result, the rider and the pillion-rider who were on the said scooter viz. Bishnu Pd. Gogoi and Probin Bora sustained serious injuries and the scooter was also badly damaged. Both the injured persons were immediately taken to Jorhat Civil Hospital for treatment. However, both the injured persons succumbed to their injuries at Jorhat Civil Hospital on 16.02.2006 itself. In respect of the said accident, a police case was registered at Dergaon Police Station being Dergoan Police Case No. 21/2006 under Sections 279/304A/427, Indian Penal Code, (IPC, in short) against the driver of the vehicle bearing registration No. AS-02/A-0477 (bus).
3. It was subsequent to the death of the deceased, Bishnu Pd. Gogoi, a claim application under Section 166 of the Act was instituted before the Claims Tribunal seeking compensation for the death of the deceased arising out of the use of motor vehicle. The two claimants in the said claim application were the wife and the mother respectively of the deceased. The claim application was registered and numbered as MAC Case No. 95/2006. The insurer, the owner and the driver of the said alleged offending vehicle bearing registration No. AS-02/A-0477 (bus) were impleaded as opposite party No. 1, opposite party No. 2 and opposite party No. 3 respectively.
4. On institution of MAC Case No. 95/2006, notices were issued to all the opposite parties and on receipt of notices, all the opposite parties appeared before the Claims Tribunal and contested the case by submitting their written statements. The opposite party No. 1-insurer had contended that the accident had happened due to head-on collision between the scooter and the bus. It was also contended that the accident had happened due to rash and negligent manner of driving on the part of the deceased also who was riding the scooter at the time of the accident. The owner of the bus, as the opposite party No. 2, by filing his written statement had contended that the vehicle was duly insured with the opposite party No. 1-insurer and the alleged accident never took place for the fault of the driver of the bus. In any view of the matter, the bus was driven by a driver who had a valid and effective professional driving license to drive such a vehicle at the relevant point of time and as the vehicle was duly insured with the opposite party No. 1-insurer, there was no violation of policy condition and in case any compensation was awarded by the Claims Tribunal, he would be entitled to be indemnified by the opposite party No. 1-insurer because of the coverage extended by a subsisting policy of insurance. The opposite party No. 3-driver also, in his written statement, denied all the averments.
5. On consideration
SupremeToday
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
