United India Insurance Company Ltd vs Smti. Hiramoni Boro on 24 July, 2026

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    Gauhati High Court

    United India Insurance Company Ltd vs Smti. Hiramoni Boro on 24 July, 2026

                                                                      Page No.# 1/13
    
    GAHC010002392016
    
    
    
    
                                                                 2026:GAU-AS:10256
    
                           THE GAUHATI HIGH COURT
      (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
    
    
                           Case No. : MACApp./854/2018
    
             UNITED INDIA INSURANCE COMPANY LTD.
             HAVING ITS REGD. OFFICE AND HEAD OFFICE AT 24, WHITES ROAD,
             CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD, DISPUR, GUWAHATI
    
    
    
                                    VERSUS
    
    
             SMTI. HIRAMONI BORO
             W/O - LATE RAJESH BORO
    
             2:MISS SONIA BORO
              D/O LT. RAJESH BORO
    
             3:SRI JINTU BORO
              S/O LT. RAJESH BORO ALL ARE RESIDENT OF VILL- DONGPAR P.O.
             BARIMAKHA
              P.S. BARBARI DIST. BAKSA
              BTAD
             ASSAM RESPONDENT NOS. 2 and 3 BEING MINORS ARE REP. BY THEIR
             NATURAL GUARDIAN MOTHER I.E. RESPONDENT NO.1. CLAIMANTS
    
             4:SRI GANESH BASUMATARY
              S/O LT. SANTHALA BASUMATARY R/O VILL- NO. 1 SILAKUTI P.S.
             BARBARI DIST. BAKSA
              BTAD
             ASSAM OWNER OF THE VEHICLE NO. AS-01AW- 3229 ZYLO
              PRIVATE LM
                                                                          Page No.# 2/13
    
    
                                    BEFORE
                  HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
    
    
                  For the Appellant        : Ms. M. Choudhury, Advocate
    
    
                  For the Respondents      : Mr. R. De, Advocate
                                             (For respondent Nos. 1 to 4)
    
                                          : Mr. F. A. Hassan, Advocate
                                            (For respondent No. 5/Owner)
    
    
                  Date of Hearing          : 05.05.2026
                  Date of Judgment         : 24.07.2026
    
    
                                      JUDGMENT & ORDER
    
    1.       Heard Mr. R. Goswami, the learned counsel for the appellant. Also
    heard Mr. J. Kalita, the learned counsel for the respondents/claimants.
    
    2.       This appeal, under Section 173 of Motor Vehicles Act, 1988, has been
    preferred by the appellant, United India Insurance Company Limited, impugning
    the judgment and award dated 19.08.2015, passed by the Motor Accident
    Claims Tribunal, Nalbari, in MAC Case No. 398/2014, whereby the present
    appellant/Insurance Company was directed to pay a compensation amount of
    Rs.10,66,000/- along with an interest at the rate of 6% per annum.
    
    3.       The facts relevant for the instant appeal, in brief, are that on
    21.07.2014, at about 5:20 PM, one Rajesh Boro, who was the husband of the
    claimant No. 1 and father of the claimant Nos. 2 and 3 was driving a Zylo
    vehicle bearing Registration No. AS-01-AW-3229. When the said vehicle reached
                                                                          Page No.# 3/13
    
    Barimakha Chowk, in order to save a pedestrian, the vehicle met with an
    accident and went off the road as a result of which the driver of the vehicle,
    namely, Rajesh Boro, sustained serious injuries on his person. He was
    immediately taken to Mushalpur PHC and thereafter to Barama PHC and from
    there to Guwahati Medical College and Hospital. He was also shifted to the
    GNRC Hospital and thereafter again to Guwahati Medical College and Hospital.
    However, on 03.08.2014, said Rajesh Boro succumbed to his injuries. The
    vehicle involved in the accident was insured with the appellant/Insurance
    Company, namely, United India Insurance Company Limited. A police case,
    namely, Barbari P.S. Case No. 30/2014 under Sections 279/338/304(A) IPC was
    also registered in connection with the aforesaid accident.
    
    4.         Thereafter, the present respondents/claimants approached the Motor
    Accident Claims Tribunal, Nalbari, by filing an application under Section 163A of
    the Motor Vehicles Act, 1988, claiming compensation for death of their
    husband/father in the aforementioned motor vehicular accident. The present
    appellant as well as the owner of the offending vehicle contested the claim of
    the claimants by filing separate written statements.
    
    5.         On the basis of the pleadings of the parties, following issues were
    framed by the Motor Accident Claims Tribunal, Nalbari: -
         "(i) Whether Rajesh Boro the husband of the claimant No.1 and the
    
         father of the claimant No.2 and 3 died on 03-08-2014 at about 3:50
         p.m., at GMCH as a result of injuries sustained by him due to use of
         the                          offending                         vehicle?
         (ii) Whether the claimants are entitled to get any compensation as
         prayed for and if so, to what extent and from whom?
                                                                              Page No.# 4/13
    
         (iii) To what other relief or reliefs the claimants are entitled to?"
    
    6.        In support of their claim, the claimants adduced the evidence of
    claimant No. 1 and also exhibited certain documents. The Insurance Company
    did not adduce any evidence in their defence. Ultimately, the Motor Accident
    Claims Tribunal by the judgment which has been impugned in this appeal has
    allowed   the   claim   petition   and   awarded     the    compensation     to    the
    claimants/respondents in the manner as described in the foregoing paragraphs
    of this judgment.
    
    7.        Mr. R. Goswami, the learned counsel for the appellant has submitted
    that the Motor Accident Claims Tribunal, Nalbari has erred in awarding
    compensation of Rs.10,66,000/- to the claimants ignoring the fact that the claim
    petition was filed by the claimants under Section 163A of the Motor Vehicles Act,
    1988. He submits that in view of the amendment to the Second Schedule of the
    Motor Vehicle Act by virtue of the notification dated May 22, 2018, issued by
    Central Government in exercise of powers conferred under sub-Section(3) of
    Section 163 A of the Motor Vehicles Act, 1988, the compensation ought to have
    been payable as per the amended Second Schedule of the Motor Vehicles Act,
    1988. He submits that though the Second Schedule to the Motor Vehicles Act,
    
    1988 was amended by virtue of the aforesaid notification on 22 nd May, 2018
    and though in the instant case, the accident occurred much before that, i.e., on
    21.07.2014, however, he submits that since the Second Schedule to the Motor
    Vehicles Act, 1988 is not a part of substantive law, but is a procedural law, there
    is no difficulty in holding that new schedule is to be made applicable for claim
    cases which are alive either before the Tribunal or pending for adjudication
    before High Courts in appealirrespective of date of accident involved in those
                                                                           Page No.# 5/13
    
    cases.
    
    8.        He submits that the new amendment will not be applicable only to
    those cases which have attained finality of awards upon acceptance by parties
    of the Tribunaldetermination made therein. He submits that the new amended
    Second Schedule to the Motor Vehicles Act, 1988 provides for a fixed
    compensation of Rs.5,00,000/- (Rupees FiveLakhs) in case of fatal accident
    resulting into the death of a third party as happened in this case. In support of
    his submission, the learned counsel for the appellant has cited following rulings:
    -
    

    (i) “The New India Assurance Company Limited Vs. Urmila Halder‘ reported
    in “2024 Supreme (SC) 1860”

    (ii) “Urmila Halder Vs. New India Assurance Company Limited ” reported in
    “2019 STPL 6893 Calcutta”

    (iii) “National Insurance Company Limited Vs.Bijaya Bhuyan and Others ”

    SPONSORED

    reported in “2018 (5) GLT 72”.

    9. The learned counsel for the appellant has further submitted that the
    Motor Accident Claims Tribunal also erred in awarding compensation on a higher
    side against the conventional heads like funeral expenses, pain and suffering
    and loss of consortium as well as for loss of love and affection of minor children.
    He submits that the Apex Court in the case of ” National Insurance Company
    Limited Vs. Pranay Sethi
    ” reported in “(2017) 16 SCC 680” has standardized the

    quantum of compensation to be awarded against conventional heads in a motor
    accident claims case.

    10. He submits that against the conventional heads, namely, loss of estate,
    loss of consortium and funeral expenses, the compensation amount of
    Page No.# 6/13

    Rs.15,000/-, Rs.40,000/- and Rs.15,000/- has been recommended by the Apex
    Court in the aforesaid judgment with a rider that said amount should be
    enhanced at the rate of ten percent in every three years. He submits that the
    said direction of the Apex Court in the aforesaid case ought to have been
    implemented in the instant case also and there is no scope of increasing the
    same by any vertical or horizontal proliferation as has been done in some cases
    by courts having bench strength of lesser number than that of the bench which
    decided the case of Pranay Sethi (supra). He, therefore, submits that the
    compensation granted against loss of dependency ought to have been made at
    flat Rs.5,00,000/- (Rupees Five Lakhs) as per the amended Second Schedule to
    the Motor Vehicles Act, 1988
    . He also submits that compensation granted
    against funeral expenses should be reduced to Rs.15,000/- and no
    compensation ought to have been granted against pain and suffering. Similarly,
    compensation granted for loss of consortium should be decreased to
    Rs.40,000/- and no compensation ought to have been granted against loss of
    love and affection for minor children as well as to the wife of the deceased,
    namely, the claimant No. 1. He, accordingly, submits that the compensation
    granted to the claimants may accordingly be computed and modified in terms of
    submissions made by him.

    11. On the other hand, Mr. J. Kalita, the learned counsel for the
    respondents/claimants has submitted that the Motor Accident Claims Tribunal,
    Nalbari has rightly computed the compensation awarded to the claimants after
    taking into consideration all relevant materials on record as well as applicable
    law. He submits that since the application for compensation filed by the
    claimants was under Section 163 A of the Motor Vehicles Act, the Tribunal was
    correct in applying pre-amended Second Schedule for computing the
    Page No.# 7/13

    compensation. He submits that since the accident had occurred in the year
    2014, i.e., much prior to when the newly amended Second Schedule was

    notified on 22nd May, 2018.

    12. He submits that every piece of legislation is to be made applicable
    prospectively unless it is expressly or by necessary implications made to have a

    retrospective effect. He submits that in the notification dated 22 nd May, 2018,
    there is no indication of same being given any retrospective effect and as such,
    the newly amended Second Schedule cannot be made applicable to the facts of
    the instant case, which is prior to the issuance of the aforesaid notification. In
    support of his submission, he has cited a ruling of the Apex Court in the case of
    “M/s Shakti Tube Limited Vs. State of Bihar and others“, reported in “(2009) 7
    SCC 673”.

    13. The learned counsel for the claimants/respondents further submits that
    even if the claimants are not granted any compensation for loss of love and
    affection, they are entitled to get compensation on account of loss of
    consortium, both spousal consortium as well as parental consortium as well as
    against other conventional heads like loss of estate and for funeral expenses in
    terms of the Apex Court rulings in this regard. He, therefore, submits that the
    compensation granted to the claimants under Section 163 A of the Motor
    Vehicles Act should not be reduced and this appeal should be dismissed.

    14. I have considered the submissions made by learned counsel for both
    sides and have gone through the materials available on record. I have also gone
    through the rulings cited by learned counsel for both sides in support of their
    respective submissions.

    Page No.# 8/13

    15. In this case, the accident in which the husband of the claimant No. 1,
    namely, Rajesh Boro expired, had occurred on 21.07.2014 i.e., much prior to the
    amendment of Second Schedule to the Motor Vehicles Act brought about by the

    notification dated 22nd May, 2018.

    16. The question as to whether after the amendment brought about by the
    aforesaid notification, the new schedule would be applicable to pending claim
    applications under Section 163 A before the Motor Accident Claims Tribunal as
    well as the appeals arising out of the award delivered thereunder prior to May

    22nd, 2018 has been settled by the High Court of Calcutta in the case of ” Urmila
    Halder Vs. National Insurance Company Limited
    ” (supra) and it was held that

    while deciding pending claim applications/appeal post 22 nd May, 2018, the new
    schedule ought to be applied by Tribunals as well as courts for determining
    compensation payable to the heirs of an accident victim or the victim
    themselves, regardless of whether the new schedule is beneficial to them or
    not. This finding of the High Court of Calcutta has been upheld by the Supreme
    Court of India in the case of “New India Insurance Company Limited Vs. Urmila
    Halder
    “(supra).

    17. It is pertinent to mention herein that the High Court of Calcutta in the
    aforesaid judgment held that Section 163 A of the Motor Vehicles Act, 1988 has
    both substantive and procedural aspects. It observed that that part of sub-
    Section (1) of Section 163 A which confers the right on legal heirs to bring an
    action against the owner of the offending motor vehicle or authorized insurer
    thereof for compensation is substantive law, while the means by which
    enforcement of right to receive compensation can be attained i.e., determination
    of compensation by the Tribunal as indicated in Second Schedule is procedural
    Page No.# 9/13

    law. In other words, while substantive part of law confers the right, procedural
    part of law provides for the relief.

    18. Thus, in view of above discussion, this Court is of considered opinion
    that the compensation awarded to the claimants in the instant case ought to
    have been computed in accordance with the new Second Schedule to the Motor

    Vehicles Act, 1988 as notified by the notification dated 22 nd May, 2018, which
    provides for compensation of Rs.5,00,000/- (Rupees Five Lakhs) payable in case
    of death.

    19. The next question which arises in this appeal is whether in a claim case
    under Section 163 A of the Motor Vehicles Act, 1988, compensation may be
    awarded against conventional heads like funeral expenses, loss of estate, loss of
    consortium, etc.

    20. This court is of considered opinion that since the Motor Vehicles Act is a
    beneficial legislation taking care of need to pay just compensation to the victims
    of road traffic accident, the provisions of this Act has to be interpreted in the
    manner which would further the interest of such victims. As such, this Court is
    of considered opinion that the claimants are also entitled to get compensation
    against the conventional heads like funeral expenses, loss of consortium, loss of
    estate, etc.

    21. As regards payment of compensation on account of loss of consortium,
    the Supreme Court of India has observed in the case of ” Magma General
    Insurance Company Limited Vs. Nanu Ram
    ” reported in “(2018) 18 SCC 130” as

    follows: –

    “21. A Constitution Bench of this Court in Pranay Sethi [National
    Page No.# 10/13

    Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 : (2018) 3 SCC
    (Civ) 248 : (2018) 2 SCC (Cri) 205] dealt with the various heads
    under which compensation is to be awarded in a death case. One of
    these heads is loss of consortium. In legal parlance, “consortium” is a
    compendious term which encompasses “spousal consortium”,
    “parental consortium”, and “filial consortium”. The right to consortium
    would include the company, care, help, comfort, guidance, solace and
    affection of the deceased, which is a loss to his family. With respect
    to a spouse, it would include sexual relations with the deceased
    spouse: [Rajesh v. Rajbir Singh, (2013) 9 SCC 54 : (2013) 4 SCC (Civ)
    179 : (2013) 3 SCC (Cri) 817 : (2014) 1 SCC (L&S) 149]

    21.1. Spousal consortium is generally defined as rights pertaining to
    the relationship of a husband wife which allows compensation to the
    survivingspouse for loss of “company, society, cooperation, affection,
    and aid of the other in every conjugal relation”. [Black’s Law
    Dictionary (5th Edn., 1979).]

    21.2. Parental consortium is granted to the child upon the premature
    death of a parent, for loss of “parental aid, protection, affection,
    society, discipline, guidance and training”.

    21.3. Filial consortium is the right of the parents to compensation in
    the case of an accidental death of a child. An accident leading to the
    death of a child causes great shock and agony to the parents and
    family of the deceased. The greatest agony for a parent is to lose
    their child during their lifetime. Children are valued for their love,
    affection, companionship and their role in the family unit.

    22. Consortium is a special prism reflecting changing norms about the
    status and worth of actual relationships. Modern jurisdictions world-
    over have recognised that the value of a child’s consortium far
    exceeds the economic value of the compensation awarded in the case
    of the death of a child. Most jurisdictions therefore permit parents to
    be awarded compensation under loss of consortium on the death of a
    child. The amount awarded to the parents is a compensation for loss
    Page No.# 11/13

    of the love, affection, care and companionship of the deceased child.

    23. The Motor Vehicles Act is a beneficial legislation aimed at
    providing relief to the victims or their families, in cases of genuine
    claims. In case where a parent has lost their minor child, or
    unmarried son or daughter, the parents are entitled to be awarded
    loss of consortium under the head of filial consortium. Parental
    consortium is awarded to children who lose their parents in motor
    vehicle accidents under the Act. A few High Courts have awarded
    compensation on this count [Rajasthan High Court in Jagmala Ram v.
    Sohi Ram
    , 2017 SCC OnLine Raj 3848 : (2017) 4 RLW 3368;

    Uttarakhand High Court in RitaRana v. Pradeep Kumar, 2013 SCC
    OnLine Utt 2435 : (2014) 3 UC 1687; Karnataka High Court in
    Lakshman v. Susheela Chand Choudhary, 1996 SCC OnLine Kar 74 :

    (1996) 3 Kant LJ 570] . However, there was no clarity with respect to
    the principles on which compensation could be awarded on loss of
    filial consortium.

    24. The amount of compensation to be awarded as consortium will be
    governed by the principles of awarding compensation under “loss of
    consortium” as laid down in Pranay Sethi [National Insurance Co. Ltd.
    v. Pranay Sethi
    , (2017) 16 SCC 680 : (2018) 3 SCC (Civ) 248 : (2018)
    2 SCC (Cri) 205] . In the present case, we deem it appropriate to
    award the father and the sister of the deceased, an amount of Rs
    40,000 each for loss of filial consortium.”

    22. In view of above, this Court is of considered opinion that the claimant
    No. 1 is entitled to get compensation on account of loss of spousal consortium
    at the rate of Rs.40,000/-, whereas, other two claimants who are the children of
    the deceased are also entitled to get Rs.40,000/- each against loss of parental
    consortium. However, they will not be getting separate compensation on
    account of loss of love and affection as well as for loss of pain and suffering.
    The funeral expenses to which the claimants are entitled shall be Rs.15,000/- as
    Page No.# 12/13

    well as another Rs.15,000/- for loss of estate in terms of the judgment of the
    Apex Court in the case of “Pranay Sethi” (supra).

    23. In view of above discussion, the total compensation to which claimants
    are entitled is computed as follows: –

    (i) Compensation for death of husband/father of the claimants as per
    Second Schedule to the Motor Vehicles Act, 1988= Rs.5,00,000/-,

    (ii) Funeral expenses= Rs.15,000/-,

    (iii) Compensation on account of loss of estate=Rs.15,000/-,

    (iv) Compensation for loss of spousal/parental consortium to each of the
    claimants at the rate of Rs.40,000/- each= Rs.1,20,000/-,

    (v) Reimbursement of medical expenses incurred on the deceased=
    Rs.2,20,000/-

    (vi) Total= Rs.8,70,000/- (Rupees Eight Lakh Seventy Thousand).

    24. The claimants are, therefore, entitled to get a total compensation of
    Rs.8,70,000/- (Rupees Eight Lakh Seventy Thousand) on account of death of
    their husband/father in the vehicular accident. The said amount shall carry an
    interest at the rate of 6% per annum.

    25. The appellant is directed to deposit the remaining outstanding dues
    against the compensation awarded to the claimants before the Registry of this
    Court within a period of four weeks from the date of this judgment.

    26. On such deposit by the Insurance Company, same shall be disbursed by
    the Registry to the claimants after proper verification.

    Page No.# 13/13

    27. The statutory deposit made by the appellant at the time of filing of this
    appeal shall be returned back to the appellant after proper verification.

    28. Let the records of MAC Case No. 398/2014 be sent back to the
    concerned Tribunal along with a copy of this judgment.

    29. This appeal is accordingly allowed and disposed of.

    
    
    
    
                                                            JUDGE
    
    
                              Abhishek Digitally signed by
                                       Abhishek Prem
    Comparing Assistant
                              Prem     Date: 2026.07.27
                                       18:11:30 +05'30'
     



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