IMPORTANT POINT
The court emphasized the necessity of adhering to statutory requirements in motor vehicle insurance and the correct calculation of compensation for dependents.

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:

“On 26.05.2019, at about 02:00 a.m., the son of the claimants, namely, Champak Deka @ Ganesh was returning home from Baniakuchi, after enjoying a Bihu function, on a motor cycle, bearing Engine No. DJYCKL55780 and Chassis No. MD2A12DY9KCL08633, as pillion rider. The motorcycle was driven by one Raju Talukdar and when they reached at Namsalah, on account of rash and negligent driving, met with an accident. As a result of the same, both of them died instantly on the spot. Thereafter, postmortem was conducted at Fakhruddin Ali Ahmed Medical College and Hospital, Barpeta. In connection with the said accident, Sarthebari Police Station registered a case, being Sarthebari P.S. Case No. 250/2019, under Sections 279/304(A) of the IPC.

Thereafter, the respondent No. 1 and 2, being the parents of deceased Champak Deka @ Ganesh, had preferred a claim petition before the learned Member MACT, Barpeta, claiming compensation, stating therein that his son, aged about 25 years, was a Bell Metal Artist by profession and his monthly income was Rs. 12,000/-. He has left behind the claimant No. 1 Paresh Deka (father), claimant No. 2 Sabitri Deka (mother) as dependents at the time of his death.

The father of the driver cum owner of the vehicle, namely, Subhas Talukdar was impleaded as respondent and he had filed written statement denying the claim of the claimants. He has further stated that the vehicle, bearing Engine No. DJYCKL55780 and Chassis No. MD2A12DY9KCL08633 was duly insured with HDFC ERGO General Insurance Company Limited, vide policy No. 2312202798624500000 and the same was valid up to 23.05.2024, but it was not registered in the name of his son Raju Talukdar.

Thereafter, on receipt of notice from the Tribunal, the OP No. 2, i.e. the present appellant, HDFC ERGO General Insurance Company Limited, the insurer of the offending vehicle, entered appearance and by filed written statement wherein it had denied the facts of the alleged accident and also denied the age, income and profession of the deceased. It is stated that the compensation claimed by the claimant side is excessive, exaggerated and having no real basis. It is also stated that the policy condition is found to be violated and the insurance company is not liable to indemnify the owner of the offending vehicle.

Thereafter, the learned trial court had framed following issues:

(i) Whether, Champak Deka @ Ganesh died as a result of injuries sustained by him in the alleged motor vehicular accident on 26.05.2019 involving vehicle bearing Engine No. DJYCKL55780 and Chassis No. MD2A12DY9KCL08633 (Pulsar Motor Cycle) and whether the said accident had taken place due to rash and negligent riding of the aforesaid motor cycle?

(ii) Whether the claimant side is entitled to any compensation and if yes, to what extent and by whom amongst the opposite parties, the said compensation amount will be payable?

Thereafter, hearing learned counsel for both the parties and also considering the evidence on record, the learned tribunal had decided both the issues in favour of the claimants and thereafter, assessed the compensation @ Rs. 15,32,128/- along with interest @ 8% per annum from