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2023 Supreme(Gau) 434

IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, KOHIMA BENCH
MRIDUL KUMAR KALITA, J.
The Oriental Insurance Co. Ltd - Appellant
Versus
Shri Gourango Debnath, S/o. Late Hari Charan Debnath & Ors. - Respondents
MACApp. Nos. 7, 8 of 2020
Decided On : 22-05-2023

Advocates Appeared:
For the Appellant : Mr. V. Devnath, Mr. M. Wabang, Mr. V. Sirie, Mr. Xepe.
For the Respondent: Mr. P.B. Chhetry, Mr. Imti Imsong.

Headnote:

Motor Vehicles Act - Section 66 - Motor Vehicles - Accident - Seeking compensation - Respondent nos. 1, 2 and 3 in MAC Appeal no. 7/2020 are father, mother and brother respectively of late, who died in a vehicular accident which occurred - They are also claimants in MAC case no. 19/2011 - Respondent no. 1 in MAC Appeal no. is claimant of MAC case no. and he sustained injuries in said vehicular accident which occurred - It transpires from materials available on record that, deceased was coming driving his own, bearing registration no. along with his two friends - On said date i.e. at about 3.40 am when said Maruti Van reached, it was knocked down by a bus bearing registration no. which was driven in rash and negligent manner from wrong side - As a result of said accident, driver of Maruti Van, died on spot of accident and other two passengers of said van including sustained grievous injury on their person - Whether the learned Member, Motor Accident Claims Tribunal, was wrong in doing so – Held, Learned Member, Motor Accident Claims Tribunal, took notional income of claimant at Rs.15,000/-per annum, which comes to a meager amount of Rs.1,250/-per month only, which under circumstances of case, i.e. to say when there is evidence to show that there was some loss of income, percentage of such loss could not be assessed, appears to be just and decision of learned Member, Motor Accident Claims Tribunal, to adopt multiplier method in granting compensation in instant case to injured claimant does not appear to be wrong - Statutory amount each which was deposited by appellants, in both MAC Appeals, before Registry of this Court at time of filing of the aforementioned appeals shall also be adjusted against award while making the final payment and claimants/respondents may be permitted to withdraw said statutory amount after proper identification - Appeal is disposed of.

JUDGMENT :

Mridul Kumar Kalita, J.

1. By this common judgment, this court proposes to dispose of two appeals, namely MAC Appeal no. 7/2020 and MAC Appeal no. 8/2020 for the reason that the claims cases to which these appeals are related to arise out of same accident and were disposed of by a common judgment dated 16.01.2020 delivered by learned Member, Motor Accident Claims Tribunal, Dimapur, Nagaland in MAC case no. 19/2011 and MAC case no. 40/2011.

2. I have heard Mr. V. Devnath, learned counsel for the appellant and Mr. P. B. Chhetry, learned counsel for the respondent nos. 1-3 as well as Mr. Imti Imsong, learned counsel for the respondent no. 6 in MAC Appeal no. 7 of 2020. I have also heard Mr. V. Devnath, learned counsel for the appellant and Mr. P. B. Chhetry, learned counsel for the respondent no. 1 in MAC Appeal no. 8/2020.

3. The facts relevant for adjudication of both the above mentioned appeals, in brief, are as follows :

(a) That, the respondent nos. 1, 2 and 3 in MAC Appeal no. 7/2020 are the father, mother and brother respectively of late Gautam Debnath, who died in a vehicular accident which occurred on 31.05.2010. They are also the claimants in MAC case no. 19/2011. The respondent no. 1 in MAC Appeal no. 8/2020 is the claimant of MAC case no. 40/2011 and he sustained injuries in the said vehicular accident which occurred on 31.05.2010.

(b) That, it transpires from the materials available on record that on 31.05.2010, deceased Gautam Debnath was coming from Guwahati to Dimapur driving his own Maruti Van, bearing registration no. NL 07 0278 along with his two friends including Shri Sunil Mandal (respondent no.1 in MAC Appeal no. 8/2020). On the said date i.e., 31.05.2010, at about 3.40 am when the said Maruti Van reached Niz Dimow, Nagaon, it was knocked down by a bus bearing registration no. AS 01 W 2154 which was driven in rash and negligent manner from the wrong side. As a result of said accident, the driver of the Maruti Van, namely Gautam Debnath, died on the spot of the accident and other two passengers of the said van including Mr. Sunil Mandal sustained grievous injury on their person.

(c) That, the father, mother and brother of the deceased Gautam Debnath (who are the respondent nos. 1, 2 & 3 in MAC Appeal 7 of 2020) approached Motor Accident Claims Tribunal, Dimapur by filing a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation for the death of Gautam Debnath in the aforementioned motor vehicular accident. The said claim petition was registered as MAC Case no. 19/2011.

(d) Similarly, Mr. Sunil Mandal (respondent no. 1 in MAC Appeal No. 8/2020) also filed a claim case before Motor Accident Claims Tribunal, Dimapur seeking compensation for the injuries suffered by him in the aforementioned vehicular accident. The said claim case was registered as MAC Case no. 40/2011.

(e) That, the present appellant i.e., The Oriental Insurance Co. Ltd contested both the above mentioned claim cases before Motor Accident Claims Tribunal, Dimapur.

(f) That, after completion of enquiry, learned Member Motor Accident Claims Tribunal, Dimapur disposed of both the claim cases, namely MAC Case no. 19/2011 and MAC Case no. 40/2011 by a common judgment dated 16.01.2020, whereby the claimants in MAC Case no. 19/2011 were awarded total compensation amount of Rs.7,80,200/- only along with an interest @ 9% per annum from the date of filing of claim petition till full satisfaction of the award and the present appellant was directed to pay the awarded amount to the claimants within a month from the date of award. Similarly, the claimant in MAC Case no. 40/2011 was awarded a compensation amount of Rs.3,31,005/-only along with an interest @ 9% per annum from the date of filing of claim petition till full satisfaction of the award and the present appellant was directed to pay the awarded amount to the claimants within a month from the date of award.

4. Being aggrieved by the aforementioned judgment and awards passed

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