KASSHYAP,MR. B KAKATI v. SHRI BAKUL CHETIA AND 4 ORS
Case at a glance
Outcome
Allowed
The appeal is allowed
Provisions considered
- Motor Vehicles Act, 1988 s. 173
Key paragraphs
- Para 1212. The appeal is allowed. The impugned judgment and award dated 09.10.2018 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (Metro) in MAC Case No.62/2014 stands modified accordingly.
Judgment
Advocate for the Petitioner : MR. A J SAIKIA, MR. K BORAH,MR. U K DUTTA,MS B KASSHYAP,MR. B KAKATI Advocate for the Respondent : MR. P GOGOI, MR. B BARUAH,FOR CAVEATOR,MS. M ACHARYYA,MR. R CHOUDHURY,MR B ACHARYYA,MR. B J MUKHERJEE,MR. P GOGOI,MR. B BARUAH Linked Case : I.A.(Civil)/135/2019 NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA 700071 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI 781005 VERSUS SHRI BAKUL CHETIA AND 4 ORS S/O DIMBESWAR CHETIA R/O VILL. SANTAPUR P.O. LAHALIAL P.S. BIHPURIA DIST. LAKHIMPUR ASSAM PIN 784160 2:MD. SAHID ALI S/O MD. MANNAF ALI R/O WARD NO. 3 P.O. AND P.S. ABHYAPURI DIST. BONGAIGAON ASSAM PIN 783384 3:SAJIDUR RAHMAN S/O MD. AKBAR ALI R/O C.D. ROAD WARD NO. 3 Page No.# 4/6 P.O. AND P.S. LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN 7870001 4:CHIEF REGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD. CHIBBER HOUSE M.S.S. PATH CHRISTIANBASTI P.O. AND P.S. DISPUR GUWAHATI ASSAM PIN 781005 5:JAYANTA BHUYAN S/O MANIK BHUYAN R/O VILL. SANDAHKHOWA P.O. AND P.S. LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN 787001 ------------ Advocate for : MR. A J SAIKIA Advocate for : MR. P GOGOI appearing for SHRI BAKUL CHETIA AND 4 ORS ::: PRESENT::: THE HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA For the Appellant : Mr. A.J. Saikia, Advocate. For the Respondents: Mr. B. Baruah and Mr. H. Buragohain, Advocates. Date of Hearing : Date of Judgment :
02.08.2024. 28.10.2024. JUDGMENT AND ORDER (CAV) Heard Mr. A.J. Saikia, learned counsel representing the appellant as well as Mr. B. Baruah and Mr. H. Buragohain learned counsel appearing for the respondents.
This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 09.10.2018 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (Metro), Assam in MAC Case No.62/2014. Page No.# 5/6
On 05.10.2013 at about 11.30 A.M., Sri Bakul Chetia was working as a handyman in vehicle bearing Registration No. AS-07-C-0631 (Trax Cruiser). On that day, the vehicle was plying from North Lakhimpur side towards Bihpuria. When the said vehicle stopped at Gendheli for picking up passengers, one MAX Pickup Van bearing Registration No.AS-03-E-1608 had hit Bakul Chetia. He sustained grievous injuries. As a result of which, both the legs of Bakul Chetia had to be amputated.
At the time of the accident, Bakul Chetia was 22 years old and he was earning ₹5,000/- per month.
A claim petition was filed before the Tribunal. The Insurance Company had contested the case by filing written statement. According to the Insurance Company, the vehicle in which Bakul Chetia was working had collided with the vehicle bearing Registration No.AS-07-C-0631. The Insurance Company claimed that the accident occurred because of the vehicle where Bakul Chetia was travelling.
The claimant examined himself only. He submitted medical vouchers. The present appellants did not examine any witness.
Finally, the Tribunal allowed the claim petition and directed the appellant Insurance Company to pay a compensation of ₹27,11,038/- along with existing bank interest.
Aggrieved by the aforesaid judgment, the appellant Insurance Company filed the present appeal.
I have considered the submission made by the learned counsel of both sides.
This Court is of the opinion that the learned Tribunal has erroneously calculated the compensation amount.
The calculation should have been like this-
Income ₹5,900/-
2. Future prospect @ 40% ₹2,360/- _______ ₹8,260/- Annual Income : ₹8,260 x 12= ₹99,120/- After deduction of 25% for personal expenses, the 75% of the annual income will be : ₹99,120 – ₹24,780/- =₹74,340/- Multiplier 18 (for age 21 to 25 years) : ₹74,340 x 18 = ₹13,38,120/- Total Compensation Loss of Income : ₹13,38,120/- Medical Expenditure : ₹1,61,638/- Attendance Charges : ₹25,000/- Nutrition and diet etc. : ₹25,000/- _________________ ₹15,49,758/- Page No.# 6/6
The appeal is allowed. The impugned judgment and award dated 09.10.2018 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (Metro) in MAC Case No.62/2014 stands modified accordingly.
The Insurance Company is directed to pay ₹15,49,758/- to the claimant along with interest at the rate of 6% per annum to be calculated from the date of filing of the claim petition. The compensation amount shall be deposited within next 6(six) weeks in the Motor Accident Claims Tribunal No.2, Kamrup (M), Guwahati.
The statutory deposit shall be returned to the Insurance Company. Send back the LCR. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The appeal is allowed
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 173.
Which court decided this case, and when?
Gauhati High Court, on 02 Aug 2024. The bench was PARTHIVJYOTI SAIKIA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.