Point of Law: The future prospects of the deceased, who is below 40 years of age, would have to be calculated on the basis of 40% of his income.

JUDGMENT :

Heard Mr. Johny L. Tochhawng, learned counsel appearing for the applicant and Mr. L.H. Lianhrima, learned Senior counsel appearing for the respondent Nos. 1-7. None appeared for the respondent Nos. 8 & 9.

2. The present appeal is filed by the appellant Insurance Company against the impugned Judgment & Award dated 02.12.2019 passed by the MACT, Aizawl in MACT Case No.44/2018, by which the compensation amount of Rs.84,06,564/-(Rupees eighty four lakhs six thousand five hundred sixty four)only has been awarded along with interest @ 7% per annum from the date of filing of the claim petition, i.e. 17.09.2018 till final payment.

3. Brief facts of the case is that on 29.06.2018 @ 9:10 one vehicle B/R No.AS-01-DD-9295 (LPK Tipper) belonging to M/S Sun Logistic Prop Swati Krishna Das which was driven by Altab Hussain Laskar, S/o Kutub Uddin Laskar, Ramnagar met an accident at Hunthar Veng, Vaivakawn Company Peng-Sairang road. The vehicle was overturned and the front portion was severely damaged. The driver and three other occupants of the said vehicle were injured and sent to Civil Hospital, Aizawl for medical treatment. The said vehicle also ran over and dashed against one Lalrinfela S/o Lalvulmawii who was walking on the footpath. Hence, Vaivakawn P/S C/No. 106/18 dt. 30.06.2018 u/s 279/304(A)/337 IPC was registered against the said driver.

The deceased Lalrinfela had joined the 14th Assam Regiment as Army Personal since 2012 for monthly salary of Rs.39,591/-till he died in the road traffic. He was 27 years of age. The vehicle B/R No. AS-01-DD-9295 involved in the accident was validly insured with the instant Appellant/National Insurance Co. Ltd. under policy No.2000102311810000965 (package policy) which has its validity from 21.06.2018 till 20.06.2019.

4. The learned counsel for the appellant has contested the Judgment & Award of the Lower Court in MACT case No. 44/2018 under Section 173 of the Motor Vehicle Act, 1988 on the following grounds:

i) That the Ld. Tribunal had wrongly deducted 1/3 instead of ½ towards personal expenses of the deceased who is bachelor at the time of accident. However it is well settled law that in case of deceased bachelor, mother alone will be considered as dependent. Moreover, in the absence of evidence to the contrary, father, sisters and brothers would not be considered as dependent. The learned counsel relied on the Supreme Court decision in Sarla Verma & Ors v. Delhi Transport Corporation & Another in (2009) 6 SCC 121 para 31 & 32

ii) The Ld. Tribunal failed to appreciate the deposition of the Claimant witness No. 2 Enquiry Officer namely S.I Rebecca H.S Zuali where it has not been proved that the cause of the accident was due to rash and negligent act on the part of the Truck Driver

iii) That the region covered for the Goods Permit of AS 01 DD 9295, issued by Kamrup RTO, is All Assam only while the accident occurred in Mizoram which was outside the permitted region for the said vehicle. In this regard, if any compensation is awarded in favour of the claimants, the owner of the accident vehicle is liable to indemnify such liability

iv) That the additional Rs 1,00,000/- towards loss of spousal and parental consortium, Rs 1,00,000/- towards of loss expectation of life, Rs 1,00,000/- towards loss of pain and suffering are not warranted and against the Apex Court Judgment. Learned counsel relied upon the Judgments of the Supreme Court in “The National Insurance Company Ltd. v. Pranay Sethi & Ors (2017) 16 SCC 680 para 59.3 to 59.8. The New India Assurance Company Ltd. v. Lalremmawii & Ors in MAC. App. No. 15 of 2018.

v) The Ld. Tribunal had wrongly taken total/gross salary of the deceased and wherein Transport Allowance (TPAL) amounting to Rs. 1800/- was included in it. The instant TPAL amounting to Rs. 1800/- is liable to deduct from the salary of the deceased for computing his monthly income.

5.