NATIONAL INSURANCE COMPANY LIMITED Vs. CHEZING BHUTIA

JUDGEMENT

(1.) The Appeal assails the Judgment of the Motor Accident Claims Tribunal, East Sikkim, at Gangtok (for short, 'Learned Claims Tribunal'), dated 29-03-2019, in MACT Case No.70 of 2017. The first ground raised is that the Learned Claims Tribunal adopted the multiplier of '18' for calculating loss of income of the deceased which allegedly resulted in a mis- calculation of the amount awarded which was placed at Rs.27,99,376/- (Rupees twenty seven lakhs, ninety nine thousand, three hundred and seventy six) only. That, infact the multiplier adopted ought to have been '11' and not '18' bearing in mind the age of the Claimants-Respondents No.1 to 3. The age of the deceased instead was erroneously considered by the Learned Claims Tribunal. The second ground for assailing the Judgment was that despite the Claimants not having established rash and negligent driving the Learned Claims Tribunal took into consideration the prayer of the Claimants and granted compensation.

(2.) In the Cross-Objection filed by the Appellant in the Cross-Objection No.02 of 2019 (Respondents No.1 to 3 in MAC App. No.08 of 2019) the grievance is that the Learned Claims Tribunal failed to calculate and include 'future prospects' of the deceased in the compensation granted in terms of the Judgment of the Hon'ble Supreme Court in the ratio of National Insurance Company Limited vs. Pranay Sethi and Others, (2017) 16 SCC 680. No objection on this count was raised by Learned Counsel for the Respondent No.1 (Appellant in MAC App No.08 of 2019).

(3.) The undisputed facts are that the deceased along with four other Indian Reserve Battalion (hereinafter, IRB) personnel were travelling in vehicle bearing registration No.SK 01 P 8693 from IRB Camp at Pipaley, West Sikkim to Rorathang, East Sikkim, on 11-08-2017. The vehicle met with an accident near the Sikkim Distilleries, Rangpo, East Sikkim, resulting in the death of the deceased, son of Respondents No.1 and 2 and brother of Respondent No.3 (MAC App No.8 of 2019). The age of the deceased being 22 years at the time of the accident is not disputed.