The main legal point established in the judgment is the determination of compensation under the Motor Vehicles Act, including the application of relevant legal principles from previous judgments.

JUDGMENT

Parthivjyoti Saikia, J. - Heard Mr. M. Talukdar, the learned counsel appearing for the appellant as well as Mr. R. Goswami, the learned counsel appearing for the respondent.

2. The instant appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "MV Act") is preferred against the judgment and award dated 18.12.2012, passed by the learned Member, Motor Accident Claims Tribunal, Morigaon, Assam in MAC Case No. 115/2010. This appeal has been filed for enhancement of award.

The case of appellant

3. On 05.08.2010 the deceased Late Bhairab Medhi was riding a bicycle while going home. It was about 4.30 pm, when the deceased reached Gandhi Bhawan on the PWD road at Marigaon town, a Tata Winger vehicle bearing registration no. AS-21-B/0420, which was going out of Morigaon town towards Kushtuli knocked down the deceased. It is claimed that the vehicle was driven in a rash and negligent manner. The deceased sustained grievous injury and he was immediately shifted to Morigaon Civil Hospital. After that, he was taken to Dispur Hospital and ultimately on 06.08.2010, at about 7 pm, he died. On 07.08.2020, the post-mortem examination was conducted at Morigaon Civil Hospital.

4. In connection with the instant accident, on 09.08.2010, Morigaon Police has been made a GD Entry being GDE No. 326/2010, dated 09.08.2010. On the same day, Morigaon P.S. Case No. 112/2010 was also registered.

Case of the owner-cum- driver of the vehicle.

5. The owner-cum-driver of the vehicle has claimed that his vehicle bearing registration no. AS-21-B/0420 was insured with the United Insurance Company Limited vide Policy No. 130103/31/10/01/00001108, valid up to 14.06.2011 and therefore, he pleaded that he is not liable to pay compensation.

Case of the Insurance Company

6. Apart from some stare type pleadings there are no specific pleadings in the written statement filed by the Insurance Company.

7. On the basis of the pleadings, the learned Tribunal framed the following issues for adjudication:

(i) Whether the alleged accident took place due to the rash and negligent driving of the driver of offending vehicle in question, AS-21-B/0420(Tata winger)?

(ii) Whether the claimants are entitled to get any compensation? if so, which should be the quantum of the said compensation?

(iii) Who should be liable to pay the compensation?

8. The appellant examine three (3) witnesses. The respondent did not examine any witnesses. On the basis of the evidence on records the Tribunal arrived at the impugned finding, whereby it was directed that the Insurance Company shall pay Rs. 7, 45,524/- with future interest at the rate of 9% from the date of the Judgment.

9. The learned counsel, Mr. Talukdar has categorized the grievances of the appellant as under :

(a) The deceased was earning Rs. 8000/- per month but the concerned salary certificate was not accepted by the Tribunal and held notionally the income to be Rs. 5000/- p.m.

(b) The deceased was 27 year old and therefore, 50% of future income should have been added to the monthly income.

(c) The deceased left behind his wife and two children and also his parents. It means that the deceased have left behind five dependents. Therefore the deduction should have been one fourth not one third of the monthly income.

(d) Instead of Rs. 5,000/- as funeral expenses the Tribunal should awarded atleast Rs. 25,000/-.

(e) The Tribunal should have awarded an amount of Rs. 1,00,000/- for loss of love and affection.

(f) Rs. 2,00,000/- should have been awarded for loss of care and guidance to the minor sons.

(g) On loss of estate head Rs. 1,00,000/- should have been awarded.

10. I have given my anxious consideration to the submission made by the learned counsel for the parties.

Point for determination

11. The only point for determination in this appeal is as to whether the appellant is entitled to enhance amount of compensation.

For the point of determination I have taken up Issue no 2 first before taking up the rest of the I