M/S UNITED INDIA INSURANCE CO. LTD. Vs. MST REHENA BEGUM AND 6 ORS.
HIGH COURT OF GAUHATI
M/S United India Insurance Co. Ltd.
Mst Rehena Begum And 6 Ors.
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KALYAN RAI SURANA,J. -
(1.) Mr. A. Ahmed, learned counsel for the appellant as well as Mr. A. Mondol, the learned Counsel for the respondents No.1, 2 and 3/claimants and Mr. Azad Ahmed, learned counsel for the respondents No.4 and 5 (i.e. mother and father of the deceased/claimants No.4 and 5). None appears on call for the respondents No.6 and 7 although notices have been duly served on them. With the consent of the learned counsel for both the parties, the appeal has been heard on merit.
(2.) The brief facts of the case is that on 01.11.2010 while a Maruti Car bearing Registration No. AS-01-H/2771 was proceeding from Lanka to Nagaon in a rash and negligent manner, late Abdus Subur @ Talukdar was hit from behind by the said car. He was taken to the hospital immediately. However, he succumbed to his injuries on 03.11.2010. Claiming compensation of Rs.25 Lakh, an application under Section 166 of Motor Vehicles Act, 1988 was filed which was registered as MAC Case No.2215/2010.
(3.) Six PWs were examined by the respondents No.1, 2 and 3 i.e. the claimants' side. The learned Tribunal accepted that the deceased was aged about 42 years and his monthly salary was Rs.17,214/- and net salary was Rs.16,106/- and deducting 1/4 of his income on account of personal expenses, the claimants No.1 to 4 were held entitled to loss of dependency of Rs.12,080/- and addition of 30% was made towards future prospects and thus, the actual dependency was held to be Rs.16,911/-. The applicable multiplier of 14 was adopted and the compensation was assessed as under: JUDGEMENT_135_LAWS(GAU)1_2018_1.html
The aforesaid sum was awarded inclusive of "no fault liability" with interest of 6% per annum from the date of filing of the claim case till payment.;
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