GAUHATI HIGH COURT ISSUES ORDERS ON NATIONAL INSURANCE COMPANY V/S SUBODH KANTI MAJUMDAR AND ORS

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 7.

2. The appeal has been filed against the Judgment & Award passed by the Learned Member, Motor Accident Claim Tribunal, Cachar in MACT Case No. 422 of 2008 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 Saugata Mazumdar.

3. Facts of the case in brief is that on 20.01.2008, the deceased Saugata Mazumdar along with his cousin Deepjyoti Dey, 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 and 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, Gauhati, however, 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 deceased Saugata Mazumdar, being a business man in internet cafe, computer printing and Impact graphics, was said to earn Rs. 8,000/- per month. The claimant is the widow mother of the deceased Saugata Mazumdar, who was dependent on the income of the deceased. The claimant had sought compensation of Rs. 14,67,500/- before the learned Tribunal and the car was registered as MACT Case No. 422 of 2008 by claiming that her deceased son earned Rs. 10,000/- per month.

4. The owners and the drivers of both the vehicles of Maruti Alto Car bearing Registration No. AS-11-B-8736 and the truck bearing Registration No. HR-38-M1333 were arrayed as OP Nos. 1 to 4 respectively in MACT Case No. 422 of 2008.

5. The OP Nos. 1 to 4, filed their written statement and denied the allegations made in the claim application. The Maruti Alto Car bearing Registration No. AS11-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 and that the truck being registered with the United India Insurance Company Ltd/OP No. 6. It is the OP No.6, who is liable to pay the compensation, if any.

6. The learned Tribunal, on considering the submissions made by the parties framed the following issues: i). whether the application for claim is maintainable in its present form. ii). whether the claimant is entitled to compensation as prayed for. iii). to what relief the parties are entitled.

7. The learned Tribunal after considering the evidence adduced by both the parties and on perusal of the documents on record decided all the issues in favour of the claimant. The learned Tribunal found that both the vehicles, Maruti Alto Car bearing Registration No. AS-11-B-8736 insured with appellant/National Insurance Company Ltd (OP No. 5) and the truck bearing Registration No HR38-M-1333 insured with United India Insurance Company Ltd (OP No.6) had valid insurance policies.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=LfKgAEL6K8Sqqfv6TysK%2BHkaIwqE%2FjyNptyaJRO0u0Opgi3cuY6BxK9%2FyzPgMzhp&caseno=MACApp./176/2012&cCode=1&cino=GAHC010132262012&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.