GUWAHATI, India, Nov. 30 -- Gauhati High Court issued the following order on Oct. 28:

1. Heard Ms. Rita Das Mozumdar, learned counsel for the appellant/ Insurance Company. Also heard Mr. A. Mannaf, learned counsel, appearing on behalf of the claimants/respondent Nos. 1, 2, 3 & 4; and Mr. S. R. Islam, learned counsel, appearing on behalf of respondent Nos. 5 & 6.

2. This appeal under Section 173(1) of the Motor Vehicle Act, 1988, has been preferred by the appellant/Insurance Company challenging the judgment & award, dated 05.03.2019, passed by the learned Member, Motor Accident Claim Tribunal No. 2, Kamrup(M), Guwahati in MAC. Case No. 750/2014, whereby, the learned Tribunal awarded a total compensation of Rs. 9,80,056/- along with an interest at the bank rate for Fixed Deposit from 01.04.2016, per annum, and in the event of failure to make the payment within the stipulated period; the compensation amount shall bear an additional interest at the rate of 1% per annum from the date of filing the claim petition in favour of the claimants/respondent Nos. 1 to 4.

3. The facts leading to the filing of this appeal, in a nutshell, are that on 27.03.2014, at about 3 p.m., while the deceased was riding a motorcycle bearing Registration No. AS-25D-8202, he was knocked down from behind by a Bolero Pickup Van bearing Registration No. AS-25AC-1131, as a result of which, the deceased sustained grievous injuries on his person. Thereafter, he was immediately taken to Boko PHC for treatment where he was declared brought dead. The respondent Nos. 1 to 4 being the legal heirs of the deceased, filed a claim petition before the learned Tribunal seeking compensation alleging that the accident occurred due to rash and negligent driving of the offending vehicle. It was also contended that at the time of the accident, the deceased was an employee of the Government of Meghalaya and he was earning a monthly salary of Rs. 27,000/-.

4. The Opposite parties i.e. Owner and Driver of the offending vehicle, contested the case by filing their written statements denying the allegation of negligence. They, however, contended that at the time of the accident, the offending vehicle was duly insured with the appellant Insurance Company and the driver possessed a valid driving license.

5. The appellant Insurance Company also contested the case by filing the written statement, denying the averments and also contending that there was violation of the policy terms and conditions and therefore, the appellant Insurance Company are not liable to indemnify the owner of the offending vehicle.

6. Upon consideration of the evidence on record, the learned Tribunal held that the accident occurred due to rash and negligent driving of the offending vehicle. The learned Tribunal, however, observed that the claimants/ respondent Nos. 1 to 4 failed to prove that the deceased was an employee of the Government of Meghalaya and that he was earning a monthly salary of Rs. 27,000/-. Nevertheless, the learned Tribunal assessed the notional income of the deceased at Rs. 6,500/- per month and awarded a total compensation amount of Rs. 9,80,056, including Rs. 40,000/- as loss of consortium; Rs. 15,000/- as funeral expenses; and Rs. 15,000/- as loss of estate.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WitIX%2BJ%2BSmjDwi2XC6AQQIJyjJyhlPnJ2BmMpB6bODU9&caseno=MACApp./339/2019&cCode=1&cino=GAHC010111372019&state_code=6&appFlag=)

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