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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
RAJESH MAZUMDAR
Oriental Insurance Company Ltd. – Appellant
Versus
Achunbemo Mozhui – Respondent
JUDGMENT :
RAJESH MAZUMDAR, J.
Heard Mr. Z. Kulnu, learned counsel for the appellant and also heard Mr. N. Mich, learned counsel for the opposite party/respondent No.1 and Mr. N.K. Luikham, learned counsel for the opposite party/respondent No. 2 & 3.
2. These two appeals arises out of the common judgment and award dated 04/02/2021 in MAC Case No. 84/2015 and MAC Case No. 85/2015 passed by the learned MACT, Dimapur, Nagaland. The appeals have been preferred by the Insurer namely, the Oriental Insurance Company Limited, Dimapur. By the said award, the learned Tribunal had granted the compensation to the claimant in the MAC case in the following manner;
“MAC 84/2015
| Loss of future earning on account of permanent disability {i.e. 45% of Rs.10,000 X 12 X 18 (multiplier)} | Rs. 9,72,000/- |
| Pain, shock, suffering etc | Rs. 1,00,000/- |
| Loss of amenities in future/future medical expenses | Rs. 3,00,000/- |
| Medical expenses (cash memo)rounded off to: Rs. 1,32,000/- | Rs.1,31,003/- |
| Expenses on special diet, food, nursing, etc | Rs.50,000/- |
| Total | Rs. 15,54,000/- |
The interim award of Rs.25,000/- is deducted from the total compensation amount.
Accordingly, Rs. 15,54,000/-minus Rs.25,000/ =Rs.15,29,000/-(Rupees Fifteen lakhs
Insurer's right to appeal against compensation awards is limited unless conditions under Section 170 of the Motor Vehicles Act are satisfied.
The main legal point established in the judgment is the interpretation and application of the provisions of the Motor Vehicles Act, 1988, particularly Section 149(2)(a) and Section 171, in determinin....
The court determined that the insurance company is liable for compensation due to reckless driving by the offending vehicle, and recalibrated the amount based on findings of total disability and nece....
An insurer can only appeal on statutory grounds unless permitted under Section 170 of the Motor Vehicle Act; new grounds cannot be raised in appeal if not previously presented.
The court ruled that compensation for motor vehicle accidents must reflect just compensation, emphasizing the burden of proof on the insurer regarding the driver's licence validity.
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....
The insurer is liable to pay compensation for passengers in a transport vehicle if the insurance policy covers such passengers, regardless of the driver's alleged lack of a valid license.
The court established that the burden lies on the insurer to prove non-liability under the insurance policy, particularly regarding route permits, while ensuring just compensation reflects significan....
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