Back
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
NEW INDIA ASSURANCE COMPANY LTD. - Appellant
Vs.
LATA AGARWALA AND ORS W/O LATE KAILASH KR. AGARWAL - Respondent
MACApp. No. 205, 209 of 2011
Decided On : 31-03-2022
Indian Penal Code,1860 – Section 279/302A, 279/304A – Civil Procedure Code,1908 – Section 34 - Section 201(1-A) of Income Tax Act 1961 - Motor Vehicles Act, 1988 – Section 171 – Motor vehicle accident – Claim compensation - Deceased was travelling as a pillion rider in a Motorcycle to visit Durga - As they reached the over bridge, Opposite Party No.2, who was riding said motorcycle lost control and hit railing of over bridge and fell down - Consequently, said (since deceased) sustained multiple injuries and was taken to Hospital and then to Aditya Diagnostic Hospital and ultimately to Hospital and Research Center, where he succumbed to his injuries - Whether claim petition is maintainable in law as well as facts in present form.
Finding of the Court :
Now coming to question of grant of interest, this Court had already observed that learned Court below had granted interest @5% without taking into consideration in factors which are relevant - As have already been decided in respect of point of determination in the instant case, deceased expired in year 2004 and claimants have been pursuing the instant litigation since past 18 years - Taking into consideration, recent trend of judgments of Supreme Court and present inflation rate, this Court deems it proper to enhance rate of interest to 9% - Further taking into consideration the materials on record, this Court further deems it proper that said interest shall be payable from date of filing the Statement of the Claim - Records also shows that an amount was deposited before learned Tribunal and it was recorded in the order by the learned Tribunal that said deposit was the compensation amount less 30% Tax Deducted at source - Be that as it may, this Court in view of the findings abovementioned, directs modified Award shall carry an interest @ 9% per annum from date of filing of the claim petition - Insurance Company herein who is liable to pay said amount shall deposit compensation after deducting the payment already made within a period of six weeks from today - With observations and directions, both Appeals stands disposed.
Result: Appeal is disposed
JUDGEMENT :
1. Both the appeals are taken up together for disposal as both the appeals arise against the judgment and award dated 26/08/2011 in MAC Case No.41/2005.
2. For the purpose of adjudication of the appeals, it is relevant to take note of the facts involved. As the facts in both the appeals are same, the factual details are narrated herein on the basis of the status of the parties as they stood before the Tribunal below.
3. The deceased Kailash Kumar Agarwal was travelling as a pillion rider in a Bajaj Motorcycle bearing Registration No.AS06D/7254 from New Market to Chiring Chapori, Dibrugarh through Mancotta Road to visit Durga Puja Math Pandal on 23/10/2004 at about 2 AM. As they reached the over bridge, the Opposite Party No.2, who was riding the said motorcycle lost control and hit the railing of the over bridge and fell down. Consequently, the said Kailash Kumar Agarwal (since deceased) sustained multiple injuries and was taken to Srimanta Shankardeva Hospital and then to Aditya Diagnostic Hospital and ultimately to Sristi Hospital and Research Center Dibrugarh, where he succumbed to his injuries. The post mortem was carried out on 25.10.2014 and in the post mortem report it was mentioned that the cause of death is coma resulting from head injuries and all injuries are ante-mortem and caused by blunt force impact consistent with the vehicular accident. On the basis of the information received from Binod Kumar Agarwal, the brother of the deceased, about the accident, Dibrugarh Police Station Case No.531/04 (G.R. Case No.1865/04) under Section 279/304A of the Indian Penal Code was registered. After the completion of the investigation, the police submitted charge sheet under Section 279/304A IPC against the Opposite Party No.2.
4. The claimants Nos.1, 2 and 3, i.e the wife, daughter and son of late Kailash Kumar Agarwal, filed a claim petition before the Member of Motor Accidents Claims Tribunal at Dibrugarh on 29.03.2005. The same was registered as MACT Case No.41/2005. In the said claim petition, the claimant sought for a compensation of Rs.31,12,743/-along with interest @ 15% per annum on the award amount from the date of filing of the case till realization of the same as well as the cost of the proceedings. The Opposite Party No.1 who was the owner of the motorcycle filed his written statement stating inter alia that the motorcycle bearing Registration No. AS06D/7254 was duly insured with the New India Assurance Company Ltd. bearing Insurance Policy No.530100/31/04/00419 which was valid from 18.10.2004 to 17.10.2005. It was mentioned that on the date of the alleged incident, the policy covered the risk and the Opposite Party No.2 had a valid driving license was riding the said motorcycle. In the said written statement, it was also mentioned that without admitting to any liability and claim, the amount claimed in the claim petition was highly excessive, imaginary, exorbitant, exaggerated, arbitrary, fanciful and without any basis.
5. The Opposite Party No.2 who was the person, who was riding the motorcycle also filed his written statement stating inter alia that the motorcycle in question was duly insured with the New India Insurance Company Ltd. and on the date of the alleged accident, the Insurance Policy was valid. It was also mentioned that the Opposite Party No.2 have a valid driving license at the time when the alleged accident happened. On a perusal of the written statement filed by the Opposite Party No.2 would show that it is the verbatim reproduction of the written statement filed by the O.P. No.1.
6. The O.P. No.3 i.e. the New India Assurance Company Ltd. filed their written statement wherein they admitted that the motorcycle in question was duly insured with the Opposite Party No.3 at the time when the alleged accident took place. It was however, submitted that the said policy was issued to the registere
Point of Law : Filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to....
The court established that compensation for motor vehicle accidents must accurately reflect the deceased's income and provide just interest rates, ensuring fair compensation for claimants.
Point of law: Motor Vehicles –Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. In case where a parent has lost th....
The main legal point established in the judgment is that provident fund contribution should not be deducted from the deceased's salary while computing compensation, and 50% of the actual income shoul....
The main legal point established in the judgment is the determination of compensation under Section 166 of the Motor Vehicles Act, 1988, including the assessment of the victim's income, grant of futu....
The main legal point established in the judgment is the requirement for positive evidence to establish the cause of death in compensation claims under the Motor Vehicles Act, and the calculation of c....
The Court applied the principles laid down by the Supreme Court in determining compensation under the Motor Vehicles Act, emphasizing the retrospective applicability of Supreme Court decisions.
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
