IN COURT OF MEMBER, M.A.C.T. :::: MORIGAON. M.A.C. Case No.83/10. Sri Dharani Rajbongsi and Anr. Vs. U/s 166 of the M.V. Act.

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1 1 IN COURT OF MEMBER, M.A.C.T. :::: MORIGAON. M.A.C. Case No.83/10. Sri Dharani Rajbongsi and Anr. Vs. Md. Gaffar Hussain and another : Claimants. : Opposite parties. U/s 166 of the M.V. Act. PRESENT SRI P. C. DAS (A.J.S), MEMBER, M.A.C.T. MORIGAON, ASSAM. APPEARANCE Mr. P. R. Bora, learned Advocate for the claimants. Mr. N. J. Bordoloi, learned Advocate for the O. P. No.1 Mrs. N. Baruah, learned Advocate for the O.P. No.2 Argument heard on : Date fixed for Judgment : Judgment and Order passed on : J U D G M E N T AND O R D E R This motor accident claim case has arisen from the petition No.713/10 filed by the claimants Mr. Dharani Rajbongsi and Mrs. Bibi Rajbongsi U/s 166 of M.V. Act praying for compensation on account of death of their son Ramani Rajbongshi in a motor vehicle accident. Before proceeding any further, it would be appropriate at this juncture to narrate briefly the brief facts of the case, as projected by the claimants in the claim petition. FACTUAL MATRIX That, on while the deceased Ramani Rajbongshi, the son of the claimants, was proceeding to Dalanghat Bormanipur

2 2 from Borchila riding on his bicycle along with another person namely Amrit Deka and that at about 4 p.m. on reaching Dalanghat Bormanipur on the PWD road, the motor cycle (Bajaj Discover) bearing registration No.AS-21-A-4081 approaching from opposite direction at a very high speed in a rash and negligent manner of driving on the part of the said motor cycle, they met with the accident, due to which both of them sustained grievous injuries on their persons. As the claim petition further reflects, they were immediately taken to the B.P. Civil Hospital, Nagaon and that considering their critical conditions, they were referred to Gauhati. Accordingly, they were admitted at the Down Town Hospital, Gauhati for treatment, where Ramani Rajbongshi met with his tragic death. The claim petition further discloses that in this connection Mikirbheta P.S. Case No.21/10 U/s 279/304 A I.P.C. was registered. By filing written statement, the United India Insurance Co. Ltd., Ulubari Chariali branch, Gauhati, the O.P. No.2 ; besides raising the usual pleas and denying the material particulars as raised in the claim petition has specifically pleaded that the compensation, as claimed by the claimant, is excessive, exorbitant, exaggerated and without any basis. On the other hand, by filing the written statement Md. Gaffar Hussain, the Opp. party No.1, the admitted owner of the motor cycle (Bajaj Discover) bearing registration No.AS-21-A-4081, has specifically pleaded that all necessary documents including driving licence and insurance policy were valid at the relevant time of occurrence and therefore, the United India Insurance Co. Ltd., the Opp. party No.2 is liable to indemnify the claimant. On the basis of the pleadings of the parties, the following issues were framed :-

3 3 I S S U E S (i) Whether the accident took place due to rash and negligent driving by the driver of offending vehicle, in question bearing registration No.AS-21 A-4081? (ii) Whether the claimant is entitled to get any compensation? If so, what should be the quantum of the said compensation? (iii) Who should be liable to pay the compensation? DISCUSSIONS, DECISION AND REASONS FOR DECISION In this case, the claimant side has examined three witnesses including the claimant Dharani Rajbongshi, (PW-1). He has also produced a number of documents in connection with this case, whereas, none is examined from the side of the contesting Opp. parties. I have considered the materials on record very carefully and cautiously. I have also herd the arguments advance by the Ld. Advocates for both sides. Issue No.1 Examining himself as a witness to the case, the claimant Dharani Rajbongshi (PW-1) has inter-alia stated in his evidence that on while his son Ramani Rajbonshi was proceeding to Dalanghat Bormanipur from Borchila by riding on a bicycle along with another person namely Amrit Deka and that at about 4 p.m. on reaching Dalanghat Bormanipur on the PWD road, the motor cycle bearing registration No. AS-21 A 4081 approaching from opposite direction in rash and negligent manner of driving with a very high speed, knocked at them and consequently they received grievous injuries on their persons. According to PW-1, they were initially taken to the B.P. Civil Hospital, Nagaon and considering their

4 4 critical conditions, they were referred to Down Town Hospital, Gauhati, where his son Ramani Rajbongshi met his tragic death. As added by PW-1 in his evidence, his son has/had a grocery shop and thus, he earned Rs.6,000/- per month. According to PW-1, his deceased son, Ramani Rajbongshi was 27 years of age at the relevant time of his death. Bibi Rajbongshi (PW-2), the mother of the deceased Ramani Rajbongshi in her evidence has corroborated PW-1, in material particulars. Hahiram Bordoloi (PW-3) has narrated in his evidence that while he was standing on the PWD road on at about 4 p.m. he had the opportunity to see the occurrence and thus, as per his version, he could see that the motor cycle (Bajaj Discover) bearing registration No.AS-21 A 4081 approaching at a high speed and due to rash and negligent manner of driving on the part of the said vehicle dashed against the bicycle rider Ramani Rajbongshi and Amrit Deka and subsequently, he could hear that Ramani Rajbongshi had met his unfortunate tragic death at the Down Town Hospital, Gauhati. The accident information report, reveals that Ramani Rajbongshi was involved in the accident on at 4 p.m. at Dalanghat Bormanipur, that in this connection Mikirbheta P.S. Case No.21/10 was registered, that Ramani Rajbongshi was involved in the accident through the Bajaj Discover Motor cycle bearing registration No.AS-21-A Accident information report further reveals that Md. Gaffar Hussain was the owner cum - driver of the said Motor cycle having valid driving licence and the that the same was insured with the United India Insurance Co. Ltd., Jagiroad Branch, (the Opp. party No.2), under the policy No /31/09/01/ valid up to The advice slip dated of the B.P. Civil Hospital, Nagaon reveals that the deceased Ramani Rajbongshi sustained

5 5 head injury and that he was took treatment at the B.P. Civil Hospital, Nagaon. The post mortem report reveals that the deceased Ramani Rajbongshi was aged about 23 years, sustained abrasion of size 3cm x 1 cm over medial one third of the left clavicle, contusion of left frontal, parietal and temporal area, contusion with abrasion of size 7 cm x 3 cm present on the front of left knee joint, abrasion of size 12cm x 7 cm present behind the left knee joint, abrasion of size 3 cm x 1cm present on meddle one third of medial side of left leg. In the opinion of the Medical Officer, death was due to coma, as a result of injuries sustained on head. All the injuries were anti -mortem and caused by blunt force impact. Certificate of the Circle Officer of Mikirbheta Revenue Circle shows that the annual income of the family of Dharani Rajbongshi is about Rs.65,000/-. As per school certificate of Uttar Silpukhuri High School, the date of birth of the deceased Ramani Rajbongshi was In the light of above discussions, it is reasonably held that motor accident took place due to rash and negligent manner of driving on the part of the driver of the Bajaj Discover Motor cycle bearing registration No.AS-21-A-4081 and consequently Ramani Rajbongshi met his unfortunate tragic death due to that incident. Accordingly, the issue No.1, is therefore, decided as such in affirmative, in favour of the claimant. Issues No.2 & 3 While discussing issue No.1, we have already found that the offending Motor cycle bearing registration No. AS-21-A-4081 was insured with the United India Insurance Co. Ltd., Ulubari Chariali, Gauhati under a valid policy. It is pertinent to record here that the said insurance company in their written statement has not specifically denied that the said vehicle was insured with them.

6 6 Under the circumstances, in my considered view, the said insurance company is liable to pay the compensation in favour of the claimant. It is found that the deceased Ramani Rajbongshi was about 27 years of age at the relevant time of occurrence. The post mortem report also discloses that the age of the deceased Ramani Rajbongshi was 27 years and as such the age of the deceased Ramani Rajbongshi is accepted as 27 years of age, at the relevant time of his death. From the income certificate dated issued by the Circle Officer of the Mikirbheta Revenue Circle, it transpires that the total annual income of the family of Dharani Rajbongshi is Rs.65,000/-. Thus, the monthly income of the entire family appears to be about Rs.5,000/- per month. In any view of the matter, a youngman at the age of 27 years of his age can earns Rs.4000/- per month. Thus, the annual income comes to Rs.4000/- x 12 = Rs.48,000/-. Nothing is disclosed about the marital status of the deceased Ramani Rajbongshi, and therefore, he is held to be unmarried In Smti. Sarala Verma and other Vs Delhi Transport Corporation and another reported in AIR 2009 SC 3104, the Hon ble Supreme Court relied on its previous decisions in (i) UPSRTC Vs Trilok Chandra reported in (1996) 4 SCC 362 and (ii) Kerala SRTC Vs Susamma Thomas reported in (1994) 2 SCC 176 wherein it was held that the selection of multiplier cannot in all cases be solely dependent on the age of the deceased. If the deceased is a bachelor and his dependents are his parents, age of the parents would also be relevant in the choice of multiplier. In the instant case in hand, the age of the father of the deceased, the claimant Dharani Rajbongshi is shown to be as 44

7 7 years and that the age of the mother of the deceased, Bibi Rajbongshi(PW-2) is shown as 40 years. Thus, their average age comes to 42 years. Thus, the proper multiplier applicable in this case is 14, as held in Sarala Verma Case as indicated above. Thus, total compensation comes to Rs.48,000/- x 14 = Rs.6,720,000/-. Thus, after deduction of 50%, the total dependency comes to Rs.3,36,000/-. Thus, the claimant is entitled to get compensation from the United India Insurance Co. Ltd., the Opp. party No.2, as follows : (i) For Dependency Rs. 3,36,000/- (ii) Pain and sufferings Rs. 20,000/- (iii) For Funeral expenses Rs. 10,000/- (iv) For Conveyance Rs. 10,000/- Total Rs. 3,76,000/- (Rupees three lakhs seventy six thousand) only. The issues No.2 & 3 are thus decided, as such, in favour of the claimant. O R D E R In the light of the above discussions, the claim of the claimant Dharani Rajbongshi and another is allowed on contest. The United India Insurance Co. Ltd., Ulubari Chariali, Guwahati, the Opp. party No.2, is directed to pay the awarded amount of compensation of Rs.3,76,000/- (Rupees three lakhs seventy six thousand) only in favour of the claimant along with an interest at the rate of 6% per annum w.e.f , i.e. the date of institution of this case, subject to adjustment of the amount, already paid in favour of the claimant, within 90 (ninety) days from the date of passing this judgment and order. Be it recorded here that in the event of failure of Opp. party No.2, to pay the said amount within the stipulated time, additional interest at the rate of 9% will have to be paid from the date of passing this judgment and order.

8 8 Send a copy of this order to the Opp. party No.2 for doing needful in compliance to this judgment and order. Given under my hand & seal of this Court on this 10 th day of July, Dictated & corrected by me Member M.A.C.T., Morigaon. Member, M.A.C.T., Morigaon.