Allowed

Fatima Begum v. Prativa Talukdar and 7 Ors.

Gauhati HC5 Apr 2019MACApp./236/2012

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an appeal against a Motor Accident Claims Tribunal award. The court enhanced compensation by recalculating the multiplier to reflect the deceased's age and applying future prospect and bachelorhood deductions to the monthly income, adjusting the total payable to the claimant.

What did the court decide?

Enhanced compensation awarded at Rs. 7,44,000 with interest at 6% from December 6, 2005, divided between the insurance companies.

Fatima Begum Vs Prativa Talukdar and 7 Ors. — Motor Accident Claims | Gauhati HC (2019)

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Page No.# 1/8

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GAHC010010032012

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : MACApp. 236/2012

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1:FATIMA BEGUM

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W/O LATE BABU ALI, R/O TAMULICHIGA, MUSLIMGAON, P.O. TAMULICHIGA, DIST.JORHAT, ASSAM, PRESENTLY RESIDING AT C/O B.K. CHAKRABORTY, UDAYGIRI, KHARGHULI, GUWAHATI 781004, DIST. KAMRUP, ASSAM.

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VERSUS

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1:PRATIVA TALUKDAR and 7 ORS

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W/O SRI RABIN TALUKDAR, KALAPAHAR HILL SIDE, P.O. BINOVANAGAR, DIST. KAMRUP, ASSAM OWNER OF VEHICLE NO. AS-07-A-2665 SUPER BUS

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2:MD.NAWAB IQBAL HUSSAIN S/O LATE NAWAB HUSSAIN ALI WARD NO. 5 NAZIRA TOWN DIST. SIVASAGAR ASSAM OWNER OF VEHICLE NO. AS-04-3837 TRUCK

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3:JADAV KUMAR S/O SRI BHARAT KUMAR VILL. NAWKAA P.S. GORESWAR DIST KAMRUP ASSAM DRIVER OF VEHICLE O AS-07-A-2665 SUPER BUS

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4:BASEN ALI S/O LATE TAYEB ALI VILL.KALGAON P.S. GELEKI DIST. SIVASAGAR ASSAM OWNER OF VEHICLE NO. AS-04-3837 TRUCK

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Page No.# 2/8

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5:THE NATIONAL INSURANCE CO LTD. REGIONAL OFFICE BHANGAGARH G.S. ROAD GUWAHATI 781007

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TO BE REPRESENTED BY REGIONAL MANAGER INSURER OF VEHICLE NO. AS-07-A-2665

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6:THE NATIONAL INSURANCE CO. LTD. GUWAHATI BRANCH GUWAHATI POLICY NO. 200600/31/05/630000713

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7:THE UNITED INDIA INSURANCE CO. LTD. REGIONAL OFFICE AT G.S. ROAD DISPUR GUWAHATI 781005 TO BE REPRESENTED BY REGIONAL MANAGER INSURER OF VEHICLE NO. AS-04-3837

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8:THE UNITED INDIA INSURANCE CO. LTD. BABUPATTY P.O. SIVSAGAR DIST. SIVSAGAR ASSAM POLICY NO. 130402/31/04/0395

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Advocate for the Petitioner : MR.S BHATTACHARYYA

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Advocate for the Respondent : MR.T R SARMA

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BEFORE

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HONOURABLE MR. JUSTICE NELSON SAILO

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JUDGMENT

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Date : 05-04-2019

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Appellant:

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Mrs. Fatima Begum W/o Late Babu Ali

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R/o Tamulichiga, Muslimgaon

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P.O. Tamulichiga, Dist. Jorhat (Assam)

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Presently residing at C/o B.K. Chakraborty Udaygiri, Kharghuli

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Page No.# 3/8

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Guwahati – 781004

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Dist. Kamrup (Assam).

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By Advocates:

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Mr. S. Bhattacharya Ms. M. Bhattacharjee

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- versus –

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Respondents:

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Mrs. Prativa Talukdar W/o Sri Rabin Talukdar Kalapahar Hill Side, P.O. Binovanagar Dist.- Kamrup, Assam.

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Md. Nawab Iqbal Hussain S/o Late Nawab Hussain Ali Ward No. 5, Nazira Town

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Dist.- Sivsagar, Assam.

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Sri Jadav Kumar

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S/o Sri Bharat Kumar

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Vill. Nawkata, P.S. Goreswar

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Dist. Kamrup, Assam.

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Basen Ali

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S/o Late Tayeb Ali

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Vill.- Kalgaon, P.S.- Geleki,

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Dist- Sivsagar, Assam

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The National Insurance Co. Ltd.

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Regional Office, Bhangagarh

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G.S. Road, Guwahati- 781007

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To be represented by Regional Manager

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The National Insurance Co. Ltd. Guwahati Branch, Guwahati Policy No. (200600/31/05/630000713)

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Page No.# 4/8

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The United India Insurance Co. Ltd. Regional Office at G.S. Road, Dispur

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Guwahati – 781005

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To be represented by Regional Manager

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The United India Insurance Co.Ltd.

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Babupatty, P.O. Sivsagar

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Dist. Sivsagar, Assam Policy No. (130402/31/04/03950)

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By Advocates:

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Mr. A. Dutta Ms. M. Choudhury Ms. N. Modi Mr. T.R. Sarma Mr. S. Dutta Mrs. P.M. Dutta Ms. A. Gogoi Mr. N. Chutia

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JUDGMENT & ORDER (ORAL)

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Heard Ms. M. Bhattacharjee, the learned counsel for the appellant and Mr. A.

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Dutta, the learned counsel for the respondent Nos. 5 & 6. Also heard Ms. M.

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Choudhury, the learned counsel for the respondent Nos. 7 & 8. None appears for the remaining respondents.

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2. The appellant being aggrieved with the Judgment & Award dated 20.07.2012 passed by the learned Member, MACT Kamrup, Guwahati (the Tribunal) in MAC. Case

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Page No.# 5/8

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No. 2695/2005 has filed the instant appeal seeking enhancement of the compensation. Appearing for the appellant, Ms. M. Bhattacharjee at the outset submits that the appellant would like to restrict the ground of challenge only on the calculation made by the learned Tribunal by taking into account the age of the claimant instead of the age of the deceased.

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3. Brief facts of the case is that the appellant filed a claim application before the Tribunal claiming compensation from the opposite parties arrayed in the claim on account of the death of her son in a motor accident involving Super Bus bearing registration No. AS-07/A-2665 and a Truck bearing registration No. AS-04-3837 on 19.08.2005 in National Highway-37 at Harmati under Jakhalabondha Police Station. The deceased was travelling in the Super Bus at the relevant time and when it collided with the Truck, he died on the spot. The deceased was a skilled master tailor, earning about Rs. 9,000/- to Rs. 10,000/- per month during the relevant time. On account of his death, the appellant, who is his mother filed the claim petition before the Tribunal claiming a sum of Rs. 27,64,000/- as compensation.

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4. The claim was contested by the opposite parties by filing the written statement and the claimant adduced evidence by examining 3 (three) witnesses including herself. Consequently, the learned Tribunal vide Judgment dated 20.07.2012 by taking into account the age of the claimant to arrive at the multiplier of 13 and by assessing the monthly income of the deceased to be Rs. 5,000/- awarded the appellant a total compensation of Rs. 3,54,000/- with interest @ 6% p.a. w.e.f. the date of filing the

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Page No.# 6/8

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claim petition i.e. 06.12.2005 till final payment.

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5. Ms. M. Bhattacharjee, the learned counsel submits that instead of the age of the claimant, the correct position in law is that the age of the deceased is to be taken into account and accordingly, the relevant multiplier will be 17. Although the claimant submitted a school certificate before the Tribunal showing the age of the deceased to be 21 years, the learned counsel submits that she does not press the same and that the age of the deceased may be accepted as 28 years as reflected in the post mortem report and which was also exhibited before the Tribunal as Exhibit-3. The Loss of Estate and Funeral Expenses will also have to be fixed as per the latest decision of the Apex Court in the case of National Insurance Company Ltd. Vs. Pranai Sethi & Ors reported in (2017) 16 SCC 680.

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6. The learned counsels Mr. A. Dutta and Ms. M. Choudhury appearing for the National Insurance Company and the United Insurance Company respectively in the appeal submit that even if the age of the deceased is taken into account instead of the age of the claimant, there will have to be a 50% deduction on the monthly income of the deceased after adding the Future Prospect since the deceased was a bachelor.

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7. Upon considering the rival submissions and the materials available on record, this

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Court finds no difficulty in disposing of the appeal by modifying the award in the following manner:-

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Page No.# 7/8

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Monthly income of the deceased = Rs. 5,000/-

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40% to be added towards Future Prospect = Rs. 2,000/-

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The total monthly income of the deceased will be

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Rs. 7,000/- (Sl. No. 1 + 2).

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50% deduction to be made out on the total monthly income = Rs. 3,500/-

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Loss of Dependency will therefore be Rs. 3500 X 17 X 12

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= Rs. 7,14,000/-

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Loss of Estate and Funeral Expenses = Rs. 15,000/- + Rs. 15,000/- = Rs. 30,000/-

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Total Compensation = Rs. 7,14,000/- + Rs. 30,000/-

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= Rs. 7,44,000/- (Rupees Seven Lakhs Forty Four Thousand) only.

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8. The appellant therefore will be entitled to compensation amounting to Rs. 7,44,000/- (Rupees Seven Lakhs Forty Four Thousand) only with interest @ 6% w.e.f. the date of filing the claim i.e. 06.12.2005. The amount of compensation shall be paid in equal shares by the respondent Nos. 5 & 6 (National Insurance Company Ltd.) and the respondent Nos. 7 & 8 (United India Insurance Company Ltd.).

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9. It is further made clear that the appellant will not be entitled to any interest on the Future Prospect. In the event any payment has already been made by the Insurance Companies, the same may be adjusted from the final amount awarded as above.

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10. The two Insurance Companies shall deposit their respective share of the compensation before the Registry of this Court within a period of 6 (six) weeks from today and the appellant is permitted to withdraw the same on proper identification and as per the required formalities.

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Page No.# 8/8

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11. The appeal is accordingly disposed of.

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LCR be sent back to the learned Tribunal concerned.

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JUDGE

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Comparing Assistant

Fatima Begum v. Prativa Talukdar and 7 Ors.

Case brief

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Fatima Begum v. Prativa Talukdar and 7 Ors.

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