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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Parthivjyoti Saikia, J.
Shriram General Insurance Company Limited – Petitioner
Versus
Smti Namita Kalindi W/o Late Tankeswar Kalindi and ors. – Respondents
MACApp./337 of 2021
Decided On : 05-10-2023
Motor Vehicles Act, 1988 - Section 173 - Accident - Compensation - Monthly income of deceased - Appeal has been filed only on ground that Tribunal has erroneously held monthly income of deceased – Held, Tribunal relied upon evidence of CW.3 who stated that deceased used to earn a salary of Rs.5,000/-per month and he used to earn Rs.50/-everyday as daily allowance - On basis of aforesaid evidence, Tribunal held income of deceased at Rs.6,500/-per month - Tribunal has correctly appreciated evidence and held income of deceased to be Rs.6,500/-per month – Appeal dismissed.
JUDGMENT :
Heard Mr. A.J. Saikia, learned counsel representing the appellant as well as Mr. R.K. Jain learned counsel appearing for the respondent.
2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 28.08.2025 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur at Tezpur in MAC Case No.12/2011.
3. On 21.10.2010, an accident took place and in that accident, Tankeswar Kalindi, the handyman of vehicle no. AS-12B-3202 lost his life. The claim petition was filed by his wife. The Tribunal awarded a compensation of Rs.17,16,750/-along with interest @ 7% per annum upon the said amount.
4. The learned Tribunal held the monthly income of the deceased at Rs.6,500/-.
5. The present appeal has been filed only on the ground that the Tribunal has erroneously held the monthly income of the deceased to be Rs.6,500/-only.
6. I have considered the submissions made by the learned counsels of both sides.
7. The Tribunal relied upon the evidence of CW.3 who stated that the deceased used to earn a salary of Rs.5,000/-per month and he used to earn Rs.50/-everyday as daily allowance. On the basis of the aforesaid evidence, the Tribunal held the income of the deceased at Rs.6,500/-per month.
8. I find that the learned Tribunal has correctly appreciated the evidence and held the income of the deceased to be Rs.6,500/-per month.
9. I am of the considered opinion that the present appeal is devoid of any merit. Hence, the appeal stands dismissed and disposed of.
Send back the LCR.
In cases where the income of the deceased is not proved, the minimum wages should be taken as the income, and the family can prove the income of the deceased by indirect evidence.
The main legal point established is the application of 'just compensation' principles and the importance of following settled principles in determining fair compensation for death in a motor accident....
The court emphasized the importance of providing positive evidence to support claims, and the unjustifiability of reducing compensation amounts without sufficient reason.
The court recalibrated compensation for a road accident victim's heirs based on reasonable income estimation, deviating from the original Tribunal assessment.
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