Point of Law: MACT is unjustified, inappropriate and liable to be interfered/modified and interest should be calculated @ of 9% from the date of filing the claim.

JUDGMENT :

MITALI THAKURIA, J.

1. Heard Mr. A.R. Sikdar, learned counsel appearing for the appellants. Also heard Mr. H. Buraguhain, learned Counsel appeared on behalf of the respondents.

2. This is an application under section 173 of Motor Vehicle Act of 1988, filed by claimants/appellants against the judgment and order dated 06.08.2015, passed in MAC Case No. 146/2009, by the learned Member MACT, Bongaigaon, whereby no assessment on transportation cost, pain and suffering, love and affection were calculated and interest was also not given from the date of filing of the claim petition.

3. Brief facts of the case is that on 29.11.2018, at about 3.45 pm, the deceased son of the claimants namely, Imran Khan, was standing by the side of the Bogibil North Bank (Bogibeel project) and was supervising the works as a Supervisor of the project and at that time, the offending vehicle No. AS/01/PC/2923 (Tipper), coming in a rash and negligent manner knocked down the deceased and as a result, he sustained grievous injuries on his person. He was immediately brought to Silapathar P.H.C. but doctors declared him dead. Hence the case.

4. On receipt of notice, the opposite party no. 1, United Insurance Company Limited for the offending vehicle, opposite party No. 2, the owner of the said vehicle and opposite party no. 3, the driver of the offending vehicle contested the case by filing their written statement. All these opposite party have denied the facts that the accident caused due to rash and negligent driving of the driver of the vehicle. The opposite party no. 3, the driver of the offending vehicle also took the plea that the accident took place due to mechanical defects. The learned Member of the Tribunal accordingly framed four issues and the claimants also examined four numbers of witnesses in support of the case. The claimant no. 1 adduces his evidence as PW-1 and the other witnesses also supported the case of the claimant. The learned Member, MACT also discussed the issues as per convenience and accordingly, the claim petition was disposed of awarding Rs. 8,69,000/- (Rupees eight lakhs sixty nine thousand) and the opposite party no. 1 was directed to make payment all the awarded amount through account pay cheque and interest was granted @ Rupees 6% per annum from the date of passing the judgment till realisation. While calculating the award the learned Member, MACT, Bongaigaon took the multiplier of 18, considering the age of the deceased and accordingly, the total loss of dependency came to Rs. 8,64,000/- and apart from that another amount of Rs.5,000/- was awarded towards funeral expense of the deceased. And thus, the total awarded amount is Rs. 8,69,000/- (Rupees eight lakhs sixty nine thousand), with interest @ of Rs. 6% per annum from the date of judgment till realisation.

5. On being aggrieved and dissatisfied with the impugned judgment and order passed by the learned Member, MACT Bongaigaon in MAC Case No. 146/2009, the present appeal has been preferred by the claimants for enhancement of the awarded amount and the ground taken by the appellant is that the learned Member, MACT did not assessed the non pecuniary damages i.e. loss of love and affection and other pecuniary damages i.e. the transportation, religious performance, religious ceremony and loss of dependency. The learned Tribunal has made the assessment of pecuniary damages but did not assess the non-pecuniary damages i.e. the loss of pain and suffering, loss of love and affection and transportation.

6. The appellants also took the ground that the learned Member of MACT calculated the interest @ 6% per annum only from the date of judgment and not from the date of filing the case and hence, the award passed by the learned Member, MACT is unjustified, inappropriate and liable to be interfered/modified and interest should be calculated @ of 9% from the date of filing the cla