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ROBIN PHUKAN
HDFC Ergo General Insurance Co. Ltd. – Appellant
Versus
Paresh Deka S/o Late Nandeswar Deka – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. R. Goswami, learned counsel for the appellant and Mr. A. Islam, learned counsel for the respondent No. 1 and 2.
2. In this appeal, under Section 173 of the Motor Vehicles Act, 1988, the appellant has put to challenge the correctness or otherwise of the Judgment and Award dated 18.09.2021, passed by the learned Member MACT, Barpeta, in MAC Case No. 173/2019, filed under Section 166 of the M.V. Act.
3. It is to be noted here that vide impugned Judgment and Award dated 18.09.2021, the learned Member MACT, Barpeta has directed the appellant to pay a sum of Rs. 15,32,128/- along with interest @ 8% per annum from the date of filing of the claim petition, i.e. 31.08.2019, till realization.
Background Facts:
4. The background facts, leading to filing of the present appeal, are adumbrated herein below:
The court emphasized the necessity of adhering to statutory requirements in motor vehicle insurance and the correct calculation of compensation for dependents.
The court affirmed that compensation for a non-earning spouse must be calculated as a third of the earning spouse’s income, despite the absence of a vehicle permit not exempting insurance liabilities....
In absence of documentary proof, minimum wage notifications serve as a basis for income assessment in compensation claims.
The main legal point established in the judgment is the reliance on oral testimony to determine the deceased's income and the application of established legal principles to modify the compensation am....
Compensation for fatal accidents under the Motor Vehicles Act must follow the structured formula in the Second Schedule, with recent amendments not applying retrospectively.
Compensation for fatal accidents under the Motor Vehicles Act must follow the structured formula in the Second Schedule, with recent amendments not applying retrospectively.
The future prospects of the deceased, who is below 40 years of age, would have to be calculated on the basis of 40% of his income.
In the absence of proof of income, notional income should be Rs. 36,000 per annum, with deductions for dependents standardized based on family size.
Age of deceased should be basis for applying multiplier.
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