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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Budi Habung
ICICI Lombard General Insurance Company Ltd. – Appellant
Versus
Hunpahi Ahom and Ors W/o Late Purna Kanta Ahom – Respondent
Judgment and Order :
BUDI HABUNG, J.
Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. B. Baruah, learned counsel for the opposite party no. 1/claimant.
2. The fact of the case in brief is that the son of the respondent No. 1 died as a result of an accident on 19.06.2011, while he was proceeding towards his home by riding a bicycle. The accident occurred when a vehicle bearing Registration No. WB-41-D-0391 (Truck) proceeding towards the same direction dashed him and the wheels of the said truck rolled over his body, as a result, the son of the respondent No. 1 died on the spot. The offending vehicle was insured by the appellant. Respondent 4 is the owner of the vehicle, and the respondent No. 3 is the driver.
3. The respondent no. 1/claimant filed a case under Section 166 of the Motor Vehicle Act, 1988, before the learned Member, MACT, Dibrugarh, claiming compensation for the death of their son. On completion of the trail, the learned MACT, Dibrugarh by judgment and order dated 29.11.2014, awarded a total amount of Rs. 12,70,000/- with 6% interest per annum.
4. Aggrieved and dissatisfied with the impugned judgement and award dated 29.11.2014, the appellant preferre
Compensation for accident victims must be based on reliable income evidence, with future prospects considered in the calculation.
The income of the deceased at the time of death must be used to calculate future income loss, and the multiplier should be based on the deceased's age, not the claimants'.
In determining the income of a deceased person in a motor accident claim, the court may rely on income tax returns that are duly proved by the income tax authorities.
Point of law: It was further held that a prompt objection does not prejudice the party tendering the evidence as in the event of finding of the Court on the mode of proof sought to be adopted going a....
Compensation for death in an accident must consider the deceased's lifestyle and financial obligations, justifying income assessment based on expenditures.
The court emphasized the importance of considering Income Tax Returns and the deceased's actual income in determining the compensation amount in motor accident claims.
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