MAC App. No. 23 of 2015. Case: The Branch Manager, National Insurance Company Limited Vs Pankaj Kumar Balabhai Kapadia and Ors.. Sikkim High Court

Case NumberMAC App. No. 23 of 2015
CounselFor Appellant: Vidya Lama, Advocate and For Respondents: Ajay Rathi, Phurba Diki Sherpa and Pramit Chhetri, Advocates
JudgesMeenakshi Madan Rai, J.
IssueMotor Vehicles Act
Judgement DateMarch 27, 2017
CourtSikkim High Court


Meenakshi Madan Rai, J.

  1. The Learned Motor Accidents Claims Tribunal, North Sikkim, at Mangan (for short "Learned Claims Tribunal"), awarded compensation of a sum of Rs. 6,17,500/- (Rupees six lakhs seventeen thousand and five hundred) only, to the Claimants No. 1 to 3 (the Respondents No. 1 to 3 herein), in MACT Case No. 15 of 2014, vide Judgment dated 30-04-2014. The Appellant being aggrieved by the Award is before this Court contending that the notional income of the deceased victim, aged about eight years was assessed at Rs. 200/- (Rupees two hundred) only, per day, thereby computing her monthly income at Rs. 6,000/- (Rupees six thousand) only, which is unreasonable considering that the victim is a minor child and was not an earning member. Peripheral to this argument was the contention that rash and negligent driving was unproved. Hence, the Judgment be set aside.

  2. Repelling the arguments of the Appellant, Learned Counsel for the Respondents No. 1 to 3 while placing reliance on the decision of Kishan Gopal and Another v. Lala and Others canvassed that the Hon'ble Apex Court while considering the Appeal, relied on the legal principles laid down in the case of Lata Wadhwa and Others v. State of Bihar and Others and held that as the deceased was ten years old and was undisputedly assisting his parents, the Appellants, in their agricultural occupation, it would be just and reasonable to assess his notional income at Rs. 30,000/- (Rupees thirty thousand) only. The multiplier of '15' was chosen by applying the legal principles laid down in Sarla Verma (Smt.) and Others v. Delhi Transport Corporation and Another and Rs. 50,000/- (Rupees fifty thousand) only, was added under conventional head towards loss of love and affection and funeral expenses, along with the awarded amount, with interest @ 9% per annum, which was directed to be paid to the Appellants. That, the ratiocination therein applies to facts of the instant case, consequently the Learned Claims Tribunal was not in error in granting the impugned Award along with interest @ 10% per annum.

  3. I have heard learned Counsel for the parties and perused the Case records.

  4. Before addressing the question of compensation, it is pertinent to draw attention to the Judgments of this Court in MAC App. No. 25 of 2015 and MAC App. No. 24 of 2015 pertaining to the same accident, in which the father and mother of the deceased victim also lost their lives, as this appeal also questions...

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