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HIGH COURT OF MEGHALAYA AT SHILLONG
W. Diengdoh, J.
Hdfc Ergo General Insurance Co. Ltd. - Appellant
Versus
Riti Pde & Ors. - Respondents
MAC App. No. 1 of 2021
Decided On : 17-02-2022
Motor Vehicle Accident Claim - Motor Vehicle Act, 1988 - Section 166, Section 171 - The judgment discusses the issues of dependency, rate of interest, and the period for which interest is to be imposed. The court held that the dependents of the deceased including the claimant are four in numbers and the findings of the learned Tribunal cannot be disturbed. The rate of interest as awarded by the learned Tribunal should be maintained at 9% p.a. The court rejected the appellant's contention for exemption of payment of interest for the period of 4 years. The appellant was directed to satisfy the award within 45 days from the date of the order.
Fact of the Case:
A motor vehicle accident claim application was filed by the claimant after her husband's death in a motor vehicle accident. The claimant sought compensation from the insurer of the vehicle as well as from the owner and driver. The Tribunal awarded compensation to the claimant and the deceased's other dependents. The appellant, an insurance company, appealed the judgment on the grounds of dependency, rate of interest, and the period for which interest is to be imposed.
Finding of the Court:
The court found that the dependents of the deceased including the claimant are four in numbers and the findings of the learned Tribunal cannot be disturbed. The rate of interest as awarded by the learned Tribunal should be maintained at 9% p.a. The court rejected the appellant's contention for exemption of payment of interest for the period of 4 years. The appellant was directed to satisfy the award within 45 days from the date of the order.
Issues: The issues discussed in the judgment include dependency, rate of interest, and the period for which interest is to be imposed.
Ratio Decidendi: The court held that the dependents of the deceased including the claimant are four in numbers and the findings of the learned Tribunal cannot be disturbed. The rate of interest as awarded by the learned Tribunal should be maintained at 9% p.a. The court rejected the appellant's contention for exemption of payment of interest for the period of 4 years.
Final Decision: The appellant's appeal was dismissed, and the impugned judgment was upheld. The appellant was directed to satisfy the award within 45 days from the date of the order.
JUDGMENT
1. Matter taken up via video conferencing.
2. A motor vehicle accident claim application was preferred before the Member, Motor Accident Claim Tribunal (MACT) at Nongpoh, Ri-Bhoi District by the respondent No.1 herein which application was registered as MACT Case No. 1 of 2010, later re-registered as MACT Case No. 5 of 2015.
3. The filing of the said MAC case was occasioned by the death of the husband of the appellant/claimant who died as a result of a motor vehicle accident which occurred on 15.07.2008 at about 10:45 a.m. at a place called Down Gate, Nongpoh.
4. From the particulars given in the claim application, what could be seen is that the deceased husband of the appellant who was a pedestrian while trying to cross the road at Down Gate, Nongpoh was hit by a tourist taxi bearing registration No. ML-05-F-3806 being driven in a rash and negligent manner causing grievous injuries on the person of the said deceased who succumbed to the said injuries.
5. In this regard, an FIR was filed before the Nongpoh police station and a case being Nongpoh PS Case No. 84(7)/08 u/s 274/304(A) IPC was registered against the driver of the said offending vehicle.
6. Additional information as could be gathered from the said claim application is that the deceased victim named Shroilington Syiem was 44 years at the time of his death and was a Government employee posted at Station Officer under the Superintendent of Meghalaya (F & ES) Shillong. His monthly salary at the time of his death is said to be ?14,290/- (Rupees fourteen thousand two hundred and ninety) only. Compensation was claimed from the insurer of the said vehicle as well as from the owner and driver of the same. The total amount of compensation claimed is ? 38,54,600/- (Rupees thirty eight lakhs fifty four thousand and six hundred) only.
7. On appearance of the parties, the matter proceeded for filing of written statement and for framing of issues, on these formalities being completed, the learned Member, MACT recorded the evidence of the claimant's witnesses who have examined five witnesses including herself as CW-1. It may be mentioned that the matter had proceeded exparte against the OPs No. 2 & 3/respondents No. 2 & 3 since 10.11.2017. The OP-1/appellant contested the claim and had cross examined the witnesses of the claimant. However, no witnesses were called by the appellant before the Tribunal.
8. After the evidence has been recorded, the learned Member, MACT heard the argument of the parties and also took into account the written argument filed by the appellant and thereafter, the impugned judgment dated 14.10.2019 was passed by awarding compensation of ? 21,76,636/- (Rupees twenty one lakhs seventy six thousand six hundred thirty six) only to the claimant and the deceased's other dependents.
9. Being aggrieved and dissatisfied with the impugned judgment and order dated 14.10.2019, the appellant /Insurance Company has preferred this instant appeal on the grounds stated therein.
10. Heard Mr. S. Jindal, learned counsel for the appellant who has submitted that while assailing the impugned judgment and order, the appellant would however press this matter only on three issues that is on the issue of dependency, rate of interest awarded and the computation of the accrued interest.
11. On the first issue, Mr. Jindal has submitted that it is on record that as on today, one of the children of the deceased that is the elder daughter of the claimant/respondent No.1 is already married and is staying with her husband. As was observed by the learned Tribunal who has taken note of the statement made by the claimant/respondent No.1 in her evidence when she stated that, her eldest daughter is already married and staying with her husband and as such, the learned Tribunal while deciding on the issue of dependency, has allowed one-fourth deduction from the personal expenses of the deceased
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