NEW INDIA ASSURANCE CO. LTD. Vs. FLEMING JEFFREY NONGRUM AND ORS.

JUDGEMENT

(1.) MAC Appeal Nos. 1 of 2015, 2 of 2015 and 3 of 2015, arose out of a common judgment dated 06.02.2015 passed by the Motor Accident Claims Tribunal in MAC Case No. 45 of 2009, 46 of 2009 and 47 of 2009.

(2.) Appellant's case in a nut-shell is that a vehicle bearing registration No. ML-05-E-3178 was insured with them and, as per policy, the seating capacity is only 4 + 1(including the driver), that means, 5 (five) persons altogether, which is also as per the permit enclosed. But, on the day of the accident the car was carrying around 10 persons in a foggy weather, and as a result, the driver lost control of the vehicle and fell into a gorge resulting in the death of four passengers and others sustained injuries. Thereafter, three claimants namely Shri Fleming Jeffrey Nongrum, Ms. Melaaihun Kharphuli and Smt Erila Khyriem, filed claim petitions before the Member, Motor Accident Claims Tribunal, and after examining the evidence and other aspects, the Member, Motor Accident Claims Tribunal, delivered a common judgment on 06.02.2015.

(3.) Learned senior counsel Mr VK Jindal, appeared for and on behalf of the appellant and submits that the multiplier method used in MACT case No.47 of 2009, which came in appeal as MAC APP No.3 of 2015, was wrongly calculated. Learned senior counsel submits that it is an admitted fact that claimant's age at the time of death was 57. If it is so, as per the schedule of the Motor Accident Act, multiplier of 8 maximum applies between the age of 55-60 years and 5 between 60-65 years. Learned senior counsel, also further argues that as per the Motor Vehicle Act, general span of life of a normal person is 65 years.