The court affirmed that compensation must reflect actual loss, determining that no interest applies to future prospects in claims for motor vehicle accidents.

JUDGMENT :

Devashis Baruah, J.

Heard Mr. K. K. Bhatta, the learned counsel appearing on behalf of the appellant Insurance Company.

2. This is an appeal filed under Section 173 of the MOTOR VEHICLES ACT , 1988 challenging the judgment and award dated 06.02.2025 passed in MAC (Death) Case No.01/2022 by the Court of the learned Additional District Judge, Darrang, Mangaldai (for short ‘the learned Trial Court’) whereby an amount of Rs.31,01,000/- have been awarded as the just and fair compensation and further it was directed that the said amount shall carry interest @7.5% per annum from the date of filing of the case till the award and in the circumstance, there is delay on the part of the appellant Insurance Company in depositing the said amount, the said awarded amount shall carry interest @9% per annum from the date of the award till realization.

3. The learned counsel for the appellant Insurance Company submitted that there are two grounds of objection taken in the instant appeal. First, that without there being any proof as regards the income, the learned Trial Court adjudged the monthly income at Rs.20,000/- and accordingly, the judgment and award so passed is not in terms with Section 168 of the MOTOR VEHICLES ACT , 1988.

4. The second ground of objection so taken is on the question of imposition of interest on future prospects. The learned counsel for the appellant submitted that there are various judgments passed by the learned Coordinate Benches of this Court holding that there shall not be any interest on the future prospects. Taking into account those two grounds of objections, this Court finds it relevant to take note of the brief facts which led to the filing of the instant appeal.

5. On 17.10.2021, at about 10:20 PM, the son of the claimant while coming from Mangalgai towards his home by his motorcycle bearing Registration No.AS-01-EK-2847, a vehicle bearing Registration No.AS-13-AC- 0921 coming from the same direction dashed the motorcycle from the backside for which the claimant’s son sustained grievous injuries and succumbed to his injuries. On the basis thereof, a claim proceedings was filed being MAC (Death) Case No.01/2022 before the learned Trial Court.

6. It is seen that in the said proceedings, the owner of the vehicle as well as the appellant Insurance Company filed their written statement wherein they denied that there was a rash and negligent driving on the part of the offending vehicle. It is however relevant to take note of that in the written statement filed by the owner, he had duly stated that the driver of the offending vehicle had a valid driving license and the vehicle was also insured with the appellant Insurance Company which was valid from 09.03.2021 to the midnight of 09.03.2022. On the basis of the pleadings, five issues were framed which being relevant are reproduced herein under:

“(i) Whether the claim petition is maintainable?

(ii) Whether the accident occurred due to rash and negligent driving of vehicle bearing registration No.AS-13-AC-0921 (Maximo)?

(iii) Whether vehicle bearing registration No.AS-13-AC-0921 (Maximo) was insured with opposite party No.2 Reliance General Insurance Company Ltd. at the time of accident?

(iv) Whether claimant is entitled for compensation and if so, to what relief/reliefs the claimant is entitled?

(v) To what amount the claimant is entitled and who will be liable to pay the amount?”

7. On behalf of the claimant, two witnesses were examined. The appellant Insurance Company cross-examined these two witnesses but the appellant Insurance Company or even the owner did not adduce any evidence. On the basis of t