KANIKA HAZARIKA Vs. SREEAM BARTHAKUR

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 3.10.1997 passed by the Member, Motor Accidents Claims Tribunal at Kamrup, Guwahati in M.A.C. Case No. 104 (K) of 1991.

(2.) The facts in brief are that on the fateful day of 26.2.1991 at about 5.30 p.m. while Sukham Hazarika was travelling in an autorickshaw bearing registration No. AMY 1511, a truck bearing registration No. AMZ 7127 driven by one Upendfa Sarma in rash and negligent manner dashed against the autorickshaw as a result of which the occupant Sukham Hazarika sustained fatal injuries. Thereafter the widow, daughter and mother of the deceased filed claim for compensation for the death of Sukham Hazarika in a vehicular accident. The owner, driver and insurance company of both the vehicles were impleaded as parties and they contested the proceeding. The Tribunal on consideration of the materials on record held that the above accident took place due to negligence of the truck driver and as such the insurer of the truck United India Insurance Co. Ltd. is liable to pay the compensation. The Tribunal also directed that the no fault liability paid by National Insurance Co. Ltd. is to be reimbursed by United India Insurance Co. Ltd. United India Insurance Co. Ltd. has not preferred any appeal against the order of the Tribunal and the claimants who have preferred the present appeal have not disputed the above finding of the Tribunal that it was United India Insurance Co. Ltd. who is liable to pay the compensation.

(3.) The deceased was working in a bank and his last pay was Rs. 4,587.64. The Tribunal after deducting '/3rd of the income of the deceased for personal expenses assessed the dependency at Rs. 3,058.43. At this stage it may be mentioned here that on the death of the deceased in the above accident the claimant wife was provided with a job in the bank on compassionate ground as per the scheme/policy decision of the bank and the wife was paid a salary of Rs. 2,000 per month. The Tribunal deducted this sum of Rs. 2,000 from the above amount of Rs. 3,058.43 holding the same as deductible on account of neutralising factor of income and, therefore, fixed the monthly dependency at Rs. 1,058.43 for the purpose of assessing the loss. A multiplier of 16 was adopted. The Tribunal also awarded a further sum of Rs. 35,000 towards loss of consortium, loss to estate, funeral expenses, etc. and a total compensation of Rs. 2,38,218 was awarded.