The main legal point established in the judgment is the application of section 168 of the Motor Vehicles Act, 1988 to calculate just and fair compensation for fatal accidents, based on the principles outlined in the case of Pranoy Sethi.

JUDGMENT :

1. Heard Mr. Sidhant Dutta, learned counsel appearing on behalf of the appellant and Ms. S. Roy, learned counsel for the respondent No. 1.

2. This is an appeal under section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 15.7.2006 passed by the learned Member MACT, Kamrup (M), at Guwahati in MAC case No. 1638/2003. The reason for filing the instant appeal is for enhancement of the compensation as was awarded vide the impugned judgment and award.

3. The facts of the instant case is that on 10.7.2003 at about 1.00 p.m. while Ramesh Ch. Talukar (since deceased) and three others including one girl were travelling by a Maruti Car bearing registration No. AS 25 C 7124, the said Maruti Car was involved in an accident at Uumsaw Naongkharai due to rash and negligent driving by the driver of the said Maruti Car and resultantly Ramesh Ch. Talukdar and two others, namely, Umesh Talukdar and Bhubeneswar Matakar died. A Nongpoh PS GDE No. 177 and GR Case No. 1 12/03 under sections 279/337/304A, IPC was registered against the driver of the Maruti Car.

4. Subsequent thereto, a claim application was filed by the appellants who were the claimants therein before the Member MACT at Guwahati on 12.9.2003 claiming an amount of Rs. 36,76,000. The claimants application was registered and numbered as MAC Case No. 1 638/2006.

5. The opposite party No. 1 who was driver-cum-owner of the vehicle in question filed his written statement wherein he stated that the vehicle met with an accident on 30.7.2003 due to a mechanical defect of the vehicle. It was further mentioned that the driver of the vehicle had a valid driving license on the date of the accident bearing D/'L No. 2023/NV/99 valid up to 18.5.2010. Further to that it has also been mentioned that the vehicle in question was insured with the National Insurance Company Limited., Hojai Branch Nagaon, Assam and the said vehicle has a comprehensive policy No. 200203/31/03/6100490 which was valid up to the midnight of 7.7.2004. The opposite party No. 2 who was the National Insurance Company Ltd had filed their written statement thereby denying the claim of the claimants.

6. On the basis of the said pleadings as many as 3 issues were framed which were:

(i) Whether the accident took place due to rash and negligent driving by the driver of the Maruti Car No. AS 25 C 7124 whereby Shri Ramesh Ch. Talukdar was killed?

(ii) Whether the claimants are entitled to any compensation, if so, “what would be the just compensation and from whom recoverable?

(iii) To what other relief or reliefs the claimants are entitled to?

7. On behalf of the claimants as many as 3 witnesses were examined and various documents were exhibited. The opposite parties in the said claim proceedings did not file their evidence.

8. The learned tribunal vide the judgment and award dated 15.7.2006 came to a finding as regards the issue No. 1 that the death caused to Ramesh Ch. Talukdar was due to rash and negligent driving of the vehicle No. AS 25 C 7124 Maruti Car and the vehicle was having all valid documents at the time of accident. As regards the issue No. 2 which related to as to whether the claimants were entitled to compensation and. if so, what would be the just compensation and from whom recoverable, the tribunal came to a finding that the amount of Rs. 11,66,000 was the just and reasonable compensation in the case and further directed that out of the said amount an amount of Rs. 2,00,000 each be kept in a Fixed Deposit in the name of the claimant Nos. 2 and 3 and a sum of Rs. 1,00,000 be kept in the Fixed Deposit in the name of the claimant No. 1 for a period of 37 months and the balance amount with interest would be paid to the claimant No. 1. It was also held that the awarded amount of Rs. 11,66,000 which was inclusive of the no fault award to carry an interest of 6% per annum from the date of filing of the claim petition, i.e., 12.9.2003 till payment. The opposite party No. 2, i.e., the National Insurance C