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In A Motor Accident, The Tribunal Must Consider Compensation On Account Of Loss Of Future Prospect: In Gauhati High Court

The learned Tribunal denied a claim for compensation for the loss of prospects in a motor accident case. Hence, the insurance company must consider the aspect of future loss, such as funeral charges and other family household requirements. The High Court Of Gauhati upheld this through a single learned bench MR. JUSTICE PARTHIVJYOTI SAIKIA in SBI GENERAL INSURANCE CO. LTD. V. SMTI RAJLAKHI SINHA AND 6 ORS. (Case No. : MACApp./229/2016).

Facts of the Case – On June 3, 2013, about noon, as the deceased was waiting near St. Viann School in Padritila, a truck carrying the registration number As-01-DD-1651 struck him and killed him instantaneously.

The claim case was filed with the learned Tribunal based on the previous circumstances. Separate written statements were filed by the vehicle’s driver and the insurance company to oppose the claim. The truck driver stated that the truck was covered by proper insurance. Thus, the insurance company is responsible for paying damages. The appellant/contesting insurance company claims that the dead also contributed to the accident.

The Learned Tribunal framed specific issues such as –

  • Whether the deceased/victim died due to motor accident occurred on 03.06.2013?
  • Whether the accident was occurred due to rash and negligent driving of the driver of the vehicle?
  • Whether the claimants are entitled any compensation? If so, what amount is just and reasonable?
  • To what other relief/reliefs the claimants are entitled and from whom?

The insurance company did not question any witnesses, and the claimant/respondent merely interviewed herself. The learned Tribunal granted compensation of Rs.28,55,792/- with interest at 9% per year from the date of filing the claim application until the realization of the award, based on the facts on record.

The deceased was a retired Indian Army man, according to the appellant/insurance company, who worked as a security guard at a private enterprise following his retirement. The insurance company argued that the deceased’s monthly pension should have been considered when calculating their monthly income. The insurance company also objected to a 30 percent prospect award because the deceased’s family would continue to receive a family pension after his death.

After reviewing the arguments and evidence, the Learned Judge contends that the deceased received an Rs. 11,840/- pension The learned Tribunal opined that the deceased’s monthly income as a security guard was Rs.3000/-. As a result, the sum of Rs. 11,840/- and Rs. 3000/- equals Rs. 14,840/-.

The claimant is entitled to Rs.15,000/- for loss of estate, Rs.40,000/- for loss of consortium, and Rs.15,000/- for funeral costs, totaling Rs.70,000/-, according to the legislation laid out in National Insurance Company Ltd. V. Pranay Shetty. The claimant is entitled to Rs. 14,91,840/- as compensation for the loss of dependent. As a result, the claimant is entitled to Rs.15,61,840/- in total. The claimant is entitled to interest at 9% per year from applying full realization. If the sum has already been paid, the insurance provider has the right to deduct/adjust it.

Click here to view the Judgement

Reviewed by Rangasree.

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