BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED AIZAWL BRANCH, AIZAWL Vs. SAPHNUNI M/O K LALRINKIMI (L)
HIGH COURT OF GAUHATI
Branch Manager, Oriental Insurance Company Limited Aizawl Branch, Aizawl
Saphnuni M/O K Lalrinkimi (L)
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S Serto, J. -
(1.) Heard Mr. Lalremtluanga, learned counsel for the appellant and also heard Mrs. Linda L. Fambawl, learned counsel appearing for the respondent No. 1.
(2.) This is an appeal under Section 173 of MV Act, 1988, directed against the Judgment & Award dated 12.10.2017, passed by the learned Member-cum-Presiding Officer, MACT, Aizawl in MACT Case No. 21/2016.
(3.) The respondent No. 1 after the death of her daughter, who was unmarried, in a motor vehicular accident which took place on 24.10.2015, filed the MACT Case No. 15/2016 before the learned MACT, Aizawl claiming compensation under Section 166 of MV Act, 1988.
After the parties were given an opportunity of proving their respective case b y producing evidence and after hearing them, the learned MACT, Aizawl passed the Judgment & Award dated 12.10.2017, wherein, the respondent No. 1 was awarded the compensation of Rs. 19,20,000/- (Rupees Nineteen Lakhs Twenty Thousand) only. The award, as given in the Judgment & Award is reproduced below:-
"15. As such the compensation is as follows:-
(1) Annual income = Rs. 10000 X 12 = 120000
(2) Addition of 50% of future prospect = Rs. 120000 X 50 = 60000 100
(3) Loss of income = 120000 + 60000 X 18 = 16,20,000 (deducting 50%) 2
(4) Loss love and affection parents = Rs. 1,00,000
(5) Funeral Expenses = Rs. 50,000
(6) Loss of Estate = Rs. 1,00,000
(7) Loss of expectation of life = Rs. 1,00,000
Total Compensation Awarded = Rs. 19,20,000/-
(Rupees Nineteen lakhs twenty thousand) only.
16. As such the O.P. No. 2 Oriental Insu. Co. Ltd. is directed to deposit Rs. 19,20,000/- (Nineteen lakhs twenty thousand) only along with interest at 7% p.a. which is the existing fixed deposit rate, from the date of filing i.e. 20.6.2016 within one month from the date of Judgment to this Tribunal in form of account payee cheque or in cash or demand draft in favour of the Presiding Officer, Motor Accident Claims Tribunal for onward disbursement to the Claimant.";
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