The tribunal's assessment of compensation for wrongful death must align with statutory standards and established case law, focusing on proven income and dependents' needs.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. N. M. Dutta, learned counsel for the appellant and Mr. B. Prashad, learned counsel for the respondent No.1.

2. In this appeal, under Section 173 of the MOTOR VEHICLES ACT , 1988, the appellant, the National Insurance Company Limited, has challenged the correctness or otherwise of the judgment and award dated 07.07.2018, passed in MAC Case No. 2308/2014, by the learned Additional District Judge No.3 cum Member, Motor Accident Claims Tribunal (MACT), Kamrup (M) at Guwahati (‘Tribunal’, for short). It is to be noted here that vide impugned judgment and award, dated 07.07.2018, the learned Tribunal has directed the appellant - National Insurance Company Limited to pay a sum of Rs. 6,05,000/- to the claimants/respondents Nos. 1 – 4 herein, with interest @ 6% per annum, from the date of filing of claim petition and in the event of failing to pay the same, then the amount shall carry additional interest @ 8% per annum.

3. The back grounds facts leading to filing of the present appeal is briefly stated as under:-

“On 31/12/2013, at about 3.00 pm, when Girish Kalita, since deceased, was waiting for a bus, along with his friend Shri Krishna Bishwakarma at Dolabari, on National Highway 37, then all of a sudden, one Tata Indica vehicle, bearing Registration No. ML-09-5290, which was coming from Nagaon side, knocked down Girish Kalita from back side. At that time the vehicle was driven in rash and negligent manner by the driver. Then Girish Kalita sustained grievous injuries on his persons. He was immediately taken to G.M.C.H. Hospital, Guwahati, but he succumbed to the injuries at hospital on 04.01.2014.

The deceased was 42 years old at the relevant point of time. His post-mortem was done at G.M.C.H. Guwahati. He was a Mason by profession and his monthly income was Rs. 8000/- per month. During the course of his treatment the claimant, Smti. Shiju Kalita had incurred an expenditure of Rs.30,000/- for medical treatment of her deceased husband. Due to his sudden death the whole family of claimants suffered a lot. He left behind his wife, the claimant and three minor sons.

The claimants then filed a claim petition under Section 166 read with Section 140 of the M.V. Act seeking compensation of Rs.15,00,000/ lacs, before the Motor Accident Claims Tribunals, Kamrup (M), Guwahati.

Then on receipt of notice, the appellant being O.P. No. 1, i.e. National Insurance Company, the insurer of offending vehicle, had entered appearance and contested the case by filing written statement on the ground that the claim petition is not maintainable in law as well as in fact, no cause of action arose for filing the claim petition against, the insurance company and the claim petition is false, frivolous and speculative.

The O.P. No. 3/appellant herein, has denied almost all contents of the claim petition and also prayed for strict proof of the contents of the claim petition. No report was received by O.P. No.4, by way of Form -54 as per provision of Section 158(6) M.V. Act. And the accident took place due to negligence of the deceased himself. So, insurance company is not liable to pay the compensation. Hence the O.P. No.3 has prayed for dismissal of the claim petition. The O.P. No.3 has also objected the prayer of the claimants for interim compensation on the provision of No Fault Liability.

The O.P. Nos. 1 & 2/respondent Nos. 5 & 6 herein, owner and driver have not contested the case. So, the case proceeded against them ex-parte.

Then upon pleadings of the parties, the learned Tribunal had framed following issues:-

1. Whether the victim Late Girish Kalita died in the alleged road accident dated 31.12.2013 involving vehicle No. ML -09- 52