K. Lalhriatmawia vs Zothanmawii and Others

Lanusungkum Jamir, J.�Heard Mr. A.R. Malhotra, learned counsel appearing for the appellant as well as Mr. Lalfakawma, learned counsel appearing for the respondent No. 2 i.e. New India Assurance Co. Ltd.

This appeal has been preferred by the appellant for enhancement of the compensation award by the learned Motor Accident Claims Tribunal (MACT), Aizawl in MACT Case No. 88/2012 by judgment and award dated 29.1.2014.

Mr. A.R. Malhotra, learned counsel appearing for the appellant submits that the learned MACT while making award by the judgment and award dated 29.1.2014 has calculated the Notional Income at the rate of 15,000/- per annum by applying the multiplier of 15. The learned Tribunal further proceeded by deducting 1/3rd towards maintenance and the funeral expenses as well as loss of estate were assessed at Rs. 2000/- and Rs. 2500/- respectively, totaling to an award of Rs. 1,54,500/-. It is the submission of the learned counsel appearing for the appellant that the law is already settled with regards to notional income. He submits that even if the deceased does not make any contribution to the family, the learned Tribunal have taken the Notional Income of the deceased as Rs. 30,000/-. He further submits that the deduction of 1/3rd against maintenance is also not applicable in the present case and the funeral expense as well as the loss of estate is also much less, considering the decision of this Court as well as the Apex Court in a catena of cases.

Under the circumstances, the learned counsel for the appellant submits that the award made by the learned Tribunal should be re-examined and enhanced to a higher amount. He has also placed his reliance in the case of Kishan Gopal and Another Vs. Lala and Others, .

Mr. Lalfakawma, learned counsel appearing for the respondent No. 2 i.e. New India Assurance Company submits that in the present appeal the deceased was only 2 years and 4 months. He also submits that the prayer for enhancement for funeral expenses and loss of estate is also not reasonable inasmuch as the claim petition was filed under Section 163 of the Motor Vehicles Act.

He submits that the case relied on by the learned counsel appearing for the appellant i.e. Kishan Gopal (Supra) is not applicable in the present case inasmuch as the deceased in the said case were between 10 to 15 years and were already assisting the appellants. However, in the instant case, the deceased was only about 2 years and 4 months. The appellant had also failed to impress the learned MACT that had the deceased lived, he would have assisted the family in their earnings. He also submits that in the case of Kishan Gopal (Supra) the enhanced award under the Conventional head was given as the age of the deceased were between 10 to 15 years. The same is also not applicable in the present case as the deceased is about 2 years and 4 months and therefore submits that the appeal be dismissed.

I have heard learned counsel appearing for the respective parties.

After consideration of the submissions made by the learned counsel, this Court is of the opinion that it is of no consequence even if the deceased was only 2 years and 4 months and therefore the Notional Income should be fixed at Rs. 30,000/-. Regarding the award on conventional heads, this Court is of the opinion that Rs. 50,000/- each should be calculated against funeral expenses and loss of estate respectively. As regard the deduction of 1/3rd against maintenance, this Court is of the opinion that the same need not be interfered with.

Under the circumstances, respondent No. 2 shall be liable to pay a compensation award of Rs. 400,000/- to the appellant as per the assessment made below:-

The respondent No. 2 i.e. New India Assurance Company Ltd. is directed to pay the aforesaid compensation award of Rs. 400,000/- (Rupees four lakh) only to the appellant alongwith interest at the rate of 9 percent from the date of filing of the claim petition till realization of the whole amount.

With the above observation and direction, this appeal is allowed.