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2025 Supreme(Gau) 1007
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
National Insurance Co. Ltd. - Appellant
Versus
Zahera Bibi W/o Hanif Ali - Respondent
MAC App. No. 270 of 2015
Decided On : 21-05-2025
Advocate Appeared:
For the Appellant : R. Goswami
For the Respondent: A.R. Agarwala
Compensation awarded by the MACT was deemed just and fair, following established legal principles, including relevant Supreme Court precedents.
Headnote:(A) Motor Vehicles Act, 1988 - Sections 166 and 173 - Appeal against MACT award - Compensation of Rs. 5,00,000/- awarded for the death of a 5-year-old due to rash and negligent driving. Appellant contested amount as excessive; Court affirmed decision, noting no grounds for interference. (Paras 2, 5, 6)
(B) Just compensation - The learned Tribunal's application of relevant legal principles including precedent from Supreme Court case was justified in determining the awarded compensation as just and fair. (Paras 6)
(C) Claims deposit - Amount deposited with the court constitutes part of the compensation process; remaining amount to be released to claimants upon verification. (Para 9)
Facts of the case:
The appeal was filed by the insurance company against the MACT's award for the death of a child due to a vehicle accident. The Tribunal awarded compensation based on evidence of negligence.
Findings of Court:
Upheld the Tribunal’s award, finding it justifiable and within reasonable limits notwithstanding the appeal against its adequacy.
Issues: Whether the awarded compensation falls within just and fair parameters under the law.
Ratio Decidendi: The court emphasized the necessity of just and fair compensation aligned with established legal precedents, dismissing the appellant's challenges.
Result: Appeal dismissed.
| Table of Content |
|---|
| 1. appeal under motor vehicles act (Para 1 , 2) |
| 2. amount awarded by tribunal (Para 3) |
| 3. arguments regarding compensation amount (Para 4 , 6) |
| 4. rash and negligent driving established (Para 5) |
| 5. deposit of compensation amount (Para 7 , 8) |
| 6. direction for release of funds (Para 9 , 10 , 11) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr R Goswami, the learned counsel appearing on behalf of the appellant and Mr A R Agarwala, the learned counsel, who appears on behalf of the respondent Nos. 1 and 2/claimants.
2. This is an appeal filed under Section 173 of the MOTOR VEHICLES ACT , 1988, challenging the Judgment and Award dated 27.06.2014, passed by the learned Member, MACT, Dhubri, in MAC Case No. 161/2012, filed under Section 166 of the MOTOR VEHICLES ACT , 1988.
3. It is seen that the learned Tribunal had awarded an amount of Rs. 5,00,000/- (Rupees Five Lacs Only), along with interest @ 9% per annum, from the date of filing of the claim petition, i.e., on 14.09.2012, till actual realization.
3.1 It is relevant to take note of the grounds of objection, which have been taken by the appellant.
4. Mr R Goswami, the learned counsel appearing on behalf of the appellant, has submitted that the amount, which has been adjudged in the instant proceeding is on a higher side and would not come within the ambit of a just and fair compensation, in terms with Section 168 of the MOTOR VEHICLES ACT , 1988.
5. This Court has duly taken note of the materials on record, as well as the impugned Judgment passed by the learned Tribunal and from the materials on record, it is clear the 5-year-old expired on account of the rash and negligent driving of the vehicle, being Vehicle No. AP-16/TB-6498, and the vehicle was duly insured with the appellant Insurance Company.
6. This Court further takes note of that the claimants have duly produced the evidence as regards the rash and negligent driving and in that regard, the learned Tribunal was justified in coming to a finding in respect to the Issue Nos. 1 and 2. In respect to the Issue Nos. 3 and 4, the learned Tribunal had duly taken note of the Judgment of the Supreme Court in the case of Kishan Gopal and Another Vs. Lala and Others , (2014) 1 SCC 244 and the application of the said law by the learned Tribunal, which led to the findings arrived at, as regards the just and fair compensation. The compensation so awarded, of Rs. 5,00,000/- do not seem to be on the higher side. Accordingly, this Court finds no ground to interfere with the impugned Judgment and Award dated 27.06.2014, passed by the learned Member, MACT, Dhubri, in MAC Case No. 161/2012.
7. It has also been brought to the attention of this Court that at the time of admission of the appeal, the amount of Rs. 5,00,000/-, along with the interest accrued thereon, have already been deposited with the Registry of this Court.
8. Mr A R Agarwala, the learned counsel for the respondent Nos. 1 and 2/claimants, submits that Rs. 3,00,000/- have been released out of the said amount, which have been deposited.
9. Considering the above, this Court further directs the Registry to release the remaining amount, i.e., Rs. 3,02,039/- (Rupees Three Lacs Two Thousand and Thirty Nine Only), to the claimants, upon proper verification, identification as well as upon furnishing the bank details. It is made clear that the Registry shall only transfer the amount to the bank account of the claimants.
10. With the above observations and directions, the instant appeal stands disposed of.
11. The statutory deposit of Rs. 25,000/- be refunded to the Appellant.
