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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SUSMITA PHUKAN KHAUND
New India Assurance Co. – Appellant
Versus
Rahima Khatun And Ors. W/o- Late Sekandar Ali – Respondent
JUDGEMENT AND ORDER :
SUSMITA PHUKAN KHAUND, J.
1. Heard learned counsel Mr. S. Dutta for the insurer and learned counsel Mr. S. P. Sharma and learned counsel Mr. H. Ali for the Claimants.
2. The claimants Rahima Khatun, Rakibul Hassan and Rashidul Hassan have filed a claim petition registered as MAC Case No. 1831/ 2016. The New India Insurance Company Limited, Sri Pannalal Jain, Sri Misri Lal Ray and Rabiul Hussain were arrayed as respondent nos.1, 2, 3 and 4 respectively. Two appeals have been filed against the Judgment and Order dated 29.03.2022 passed by the learned Member, MACT No.1, Kamrup (M), Guwahati registered as MAC Appeal No. 509/ 2022 preferred by the appellants New India Assurance Company Ltd. against Rahima Khatun, Rakibul Hassan and Rashidul Hassan (hereinafter referred to as the ‘claimants’), whereas the other appeal i.e. MAC Appeal No. 286/ 2022 has been preferred by Rahima Khatun and 2 others against the New India Insurance Company and proforma respondent Rabiul Hussain (who is one of the claimants). Both these appeals will be disposed of by this common judgment.
Argument on behalf of the original claimants.
3. The claimants are aggrieved by the impugned judgment and
Compensation under the Motor Vehicles Act should not deduct benefits like family pension, which are separate from statutory compensation, and contributory negligence was established based on availabl....
Deduction can be ordered only where the tortfeasor satisfies the court that the amount has accrued to the claimants only on account of death of the deceased in a motor vehicle accident
Compensation under the Motor Vehicles Act is statutory and distinct from contractual benefits, ensuring claimants receive just compensation for loss due to negligence.
Contributory negligence must be proven with evidence; mere violation of safety regulations does not automatically imply negligence. Loss of consortium quantified at Rs.40,000/- for each claimant.
Family pension cannot be deducted from the deceased's income when calculating compensation for wrongful death in motor accident claims.
The family pension received by the wife of the deceased in a road traffic accident is not a "pecuniary advantage" and is not liable for deduction while determining the compensation under the provisio....
Negligence in vehicle accidents is evaluated under civil standards where eyewitness testimony is critical, irrespective of contradictions in criminal proceedings, impacting compensation assessment.
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