Page No.# 1/6 GAHC040011072022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : MACApp./12/2022 The Oriental Insurance Company Ltd. Represented by its Divisional Manager having its Divisional Office at Tadar Tang Complex A. Sector Naharlagun, PO and PS Naharlagun, District Papum Pare, PIN 791110, Arunachal Pradesh. VERSUS Raju Mandal Son of Debashish Mandal, Permanent Resident of Chabua Town Ward, PO and PS Chabua, District Dibrugarh, Assam 786184, Presently residing near District Hospital Bomdila, District West Kameng,Arunachal Pradesh 790001 Advocate for the Petitioner : Uttam Deka, Advocate for the Respondent : A Lamnio, Lissing Perme,Krishna Dubey,Wintet Sawin,Hero Tayo,A Perme,William Yirang,T Gamlin,Signal Yirang BEFORE: HON’BLE MR. JUSTICE BUDI HABUNG Date of hearing :13.06.2025. Date of Judgment :20.06.2025. :: JUDGMENT AND ORDER :: [CAV] Heard Mr. Uttam Deka, learned counsel for the appellant Insurance Company. I have also heard Mr. Lissing Perme, learned counsel for the Respondent claimant. Page No.# 2/6 2. The MACT case No. 12(B)/2021 filed by the claimant /respondent herein was allowed by the Member, MACT, West Kameng, Bomdila vide judgment and award dated 04.06.2022, whereby a compensation of Rs.18,38,000/- was awarded along with interest @ 9% per annum in favour of the claimant/respondent for the death of the deceased in the Motor accident. 3. The fact leading to the filing of this appeal is that on 23.02.2019, an FIR was lodged by the claimant-respondent before the Officer-in-Charge of Bogibeel Police Station at Dibrugarh Assam inter alia stating that a bike bearing registration No. AS-23J-0475, driven by rider Anupam Roy met with an accident on 05.02.2019 at Danai Khana, NH-52B, as a result, the pillion rider Ashish Mandal died on the spot. The Criminal case was registered being Bogibeel P.S. Case No. 50/2019 under Section 279/304(A) IPC. Upon conclusion of the investigation, a Charge-Sheet was filed against the driver of the offending vehicle. 4. The respondent-claimant filed a claim petition before the MACT, West Kameng District, Bomdila seeking compensation of Rs.74,06.000/- for the death of the deceased Ashish Mandal in the vehicular accident. 5. The respondent-the Oriental Insurance Company contested the case by filing written statement. Based on the pleadings, the learned Tribunal framed following issues:- (i) whether the MACT case is maintainable in its present form under law or not; (ii) whether the deceased died due to rash and negligent driving of opposite party No. 2; (iii) whether the claimant is entitle to get compensation or not? If so Page No.# 3/6 to what extent? 6. The learned Tribunal upon conclusion disposed of the claim petition by the impugned judgment and award dated 04.06.2022. The learned Tribunal decided all the issues in infirmity, holding that the deceased died due to the motor accident and therefore, the claimant is entitle to get compensation from the insurance company. 7. At the very outset, learned counsel for the appellant-insurance company clarified that he has no dispute regarding the factum of the case and therefore, the appellant has no grievances regarding the Tribunal’s findings on issue Nos. 1, 2 and the first part of issue No. 3. 8. However, the counsel submits that the present appeal has been filed challenging the quantum of the compensation and on the interest granted @9% per annum which according to the appellant is exorbitant. The appellant’s counsel contended that the claimant is not entitled to any amount on loss of life and pain. However, the learned Tribunal has granted Rs.1,00,000/- under the head loss of life and pain. Therefore, the said amount should be deducted from the compensation amount. 9. The appellants counsel further clarified that apart from the above objection, the appellant-insurance company has no objection regarding the grant of compensation in other heads. He further fairly submitted that the claimant is entitle as per the law laid down by the Hon’ble Supreme Court in National Insurance Company Ltd.-vs-Pranay Sethi and Others; reported in (2017) 16 SCC 680, and he would have no objection if the amount granted by the learned Tribunal are corrected in accordance with the entitlement as per the Pranay Sethi’s case (Supra). The learned appellants counsel further Page No.# 4/6 submits that although, in a catena of cases, the Hon’ble Supreme Court has granted interest @ 7-7.5%. However, considering the facts and circumstances of the case and the decision of the learned Tribunal, the appellant-insurance company is agreeable if the interest is granted @ 8% per annum. 10. The learned counsel for the respondent-claimant fairly conceded that the claimant is not entitled to any compensation under the head loss of life and pain and as per the decision of Pranay Sethi’s case (Supra), he has no objection if the amount granted in loss of love and affection and the loss of estate is corrected to Rs.15,000/-. However, he insisted on granting interest @9% per annum. In support of his claim, he relied upon a decision of the Hon’ble Supreme Court in Erudhaya Priya-vs-State Express Transport Corporation Ltd; reported in (2020) 4 Supreme 322, whereby, the claimant was granted simple interest @ 9% per annum from the date of application till the payment. 11. After hearing both the parties and considering that there is no dispute regarding the needs to exclude the grant of compensation under the head loss of life and pain and correction under the heads loss of love and affection and loss of estate as per the decision of the pranay sethi’s case (Supra), this Court is of the opinion that this appeal can be disposed of with certain modification as agreed to by the parties. 12. Accordingly, as agreed, the amount awarded under head-loss of life and pain at Rs.1,00,000/- shall be excluded. The loss of love and affection at Rs.20,000/-is reduced to Rs. 15,000/-. The loss of estate granted at Rs.10,000/- shall be enhanced to Rs.15,000/-. The rest of the compensation being not disputed shall remain intact. Page No.# 5/6 13. Based on these considerations, the award by the learned Tribunal dated 04.06.2022 is modified as follows:- (i) Loss of income-Rs.9,000/- 1/3rd of Rs.9000=Rs.6,000/- Annual Dependency-Rs.6,000x12=72,000/- (ii) Future prospect=40% of Rs.72,000=28,000/- Rs. 72,000+28,000 =1,00,000/ Multiplier applicable=16 Therefore, Annual Dependency=1,00,000 X16=16,00,000/- (iii) Loss of consortium=80,000/- (iv) Loss of Estate=Rs.15,000/- (v) Loss of love and affection=Rs.15,000/- (vi) Funeral expenses=Rs.15,000/- Total compensation=Rs.16,00,000+80,000+45,000=17,25,000/- (Rupees Seventeen Lakhs Twenty Five Thousand) excluding interest. 14. Interest at 9% per annum shall accrued from the date of filing the claim petition i.e. we.f.,17.09.2021 until full payment. 15. Accordingly, the judgment and award dated 04.06.2022 is modified to the extent as indicated above. The appellant/the oriental Insurance company limited is directed to deposit the rest of the compensation as modified along with accrued interest before the Registry of this Court within 6 (six) weeks from the date of receipt of a certified copy of this order. The amount shall be paid to the claimant upon proper identification in accordance with tribunal judgment and award dated 04.06.2022. 16. The statutory deposit of Rs.25,000/- made by the appellant shall be adjusted towards the awarded amount and the same shall be released to the Page No.# 6/6 claimant along with accrued interest, if any. 17. The appeal is partly allowed to the extent as indicated above and disposed of accordingly. 18. Return the record. JUDGE Comparing Assistant