GUWAHATI, India, June 17 -- Gauhati High Court issued the following order on May 16:

1. Heard Mr. R. Goswami, learned counsel for the appellant along with Ms. P. Baruah, learned counsel for the respondents/claimants and Mr. S. Dutta, learned counsel for respondent No. 6.

2. The appeal is filed against the Judgment & Award passed by the Learned Member, Motor Accident Claim Tribunal, Cachar in MACT Case No. 421 of 2008, wherein the learned Tribunal had awarded a compensation of Rs. 13,86,222/- (Rupees Thirteen Lakhs Eighty Six Thousand Two Hundred and Twenty Two) with 9% interest to the claimant. The appeal is filed on the ground that the learned member while assessing the compensation for the death of a bachelor, instead of making a deduction of 50% from the income of the deceased had made a deduction of one-third only, resulting in excessive compensation to the respondent No. 1/claimant, mother of the deceased Deepjyoti Dey.

3. Facts of the case in brief is that on 20.01.2008, the deceased Deepjyoti Dey along with his cousin Saugata Mazumdar, while returning from Gauhati to Silchar in a Maruti Alto Car bearing Registration No. AS-11-B-8736, collided with a truck bearing Registration No. HR-38-M-1333 coming from opposite direction, causing instant death of Saugata Mazumdar and grievous injury to Deepjyoti Dey, who was immediately shifted to Khliehriat and later transferred to Jowai Civil Hospital and there, due to the serious condition, referred to GNCR Hospital, Gauhati, where he succumbed to his injuries on 28.01.2008. The Maruti Alto Car bearing Registration No. AS-11-B-8736 was covered with insurance policy of National Insurance Company Ltd./appellant. The claimant is the widow mother of the deceased Deepjyoti Dey, who was dependent on the deceased. The claimant had sought compensation of Rs. 24,20,500/- before the learned Tribunal by stating that the deceased Deepjyoti Dey being a medical representative of DRAKT International DRAKT by profession was said to earn Rs. 15,750/- per month and the company had also given him an incentive of Rs. 1500/- per month and case was registered as MACT Case No. 421 of 2008.

4. In MACT Case No. 421 of 2008, the owners and the drivers of both the vehicles, Maruti Alto Car bearing Registration No. AS-11-B-8736 and the truck bearing Registration No. HR-38-M-1333 were arrayed as the OP No. 1 to 4 respectively. OP No.2 & OP No.4 being the owner and driver of the offending truck vehicle have not contested the claim while OP No.1 & OP No. 3 being the owner and driver of the Maruti Alto Car in their joint written statement stated that the truck coming from the opposite direction had collided with their car.

5. The Maruti Alto Car bearing Registration No. AS-11-B-8736 was insured with the appellant/National Insurance Company Ltd (OP No. 5). The OP No.5 denied all the allegations made in the claim application by submitting that the accident was due to the fault of the truck which was registered with the United India Insurance Company Ltd/OP No. 6 and was the OP No.6, who is liable to pay the compensation, if any. The OP No.6/United India Insurance Company Ltd. had also contested the claim and denied its liability to pay compensation.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=LfKgAEL6K8Sqqfv6TysK%2BJBj9KfFLFPpAc1AqNNJdl%2FsIRBzjIv5ha%2FUyB%2BvhXdq&caseno=MACApp./171/2012&cCode=1&cino=GAHC010234202012&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.