KHOIROM
Digitally signed by
KHOIROM
BIPINCHAN
BIPINCHANDRA SINGH
Date: 2024.04.03
IN THE HIGH COURT OF MANIPUR
DRA SINGH
15:58:43 +05'30'
AT IMPHAL
MAC APP. No. 2 of 2022
The Divisional Manager National Insurance Co. Ltd.
Thangal Bazar, Imphal West, P.O. Imphal P.S. City P.S.,
Manipur 795 001.
–
Appellant
….
- Versus -
1. Shri Phanjoubam Sanjoy Singh aged about 46 years s/o late
Ibopishak of Akham Village P.O.&P.S. Langjing, Imphal
West District, Manipur (Legal representative of late
Phanjoubam Gandhi Singh).
2. Chongtham Thoinao Meitei aged about 30 years s/o late
Rajmani Meitei of Lamboikhongnangkhong P.O. & P.S.
Lamphel, Imphal West District, Manipur 795004.
–
3. Chongtham Cheiraoba Meitei aged about 34 years s/o late
Rajmani Meitei of Lamboikhongnanghong P.O. & P.S.
Lamphel, Imphal West District, Manipur 795004.
–
…. Respondents
B E F O R E
HON’BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU
For the petitioner : Mr. A. Deni, Advocate
For the respondents : Mr. M. Nabakishwor, Advocate
Mr. Ng. Jotindra, Advocate
Date of hearing : 08.03.2024
Date of Judgment &
Order : 22.03.2024
Mac App. No. 2 of 2023 Page 1
JUDGMENT & ORDER
(CAV)
[1] Heard Mr. A. Deni, learned counsel appearing for the appellant,
Mr. M. Nabakishwor, learned counsel appearing for the respondent No. 1 and
Mr. Ng. Jotindra, learned counsel appearing for the respondents No. 2 & 3.
[2] The present appeal has been filed under Section 173 of the
Motor Vehicle Act, 1988 with the following prayer:
To admit this appeal.
“(a)
(b)
To all for records of the case from the Hon’ble Tribunal.
(c) To set aside the judgment and order dated 21.11.2020 and
calculate the compensation afresh.
(d) To remand the case to the Tribunal for fresh hearing of the
case or to give right to the appellant to recover the award
amount from the owner of the vehicle for violation of Policy
terms and condition and the M.V. Act, 1988.
(e) To hear the appeal and set aside and to quash the impugned
judgment and order dated 21.11.2020 and to stay the
operation of the impugned award pending the disposal of the
appeal for t
he ends of justice.”
[3] The grounds for being filed the present appeal are as follows:
(i) The Ld. Motor Accident Claims Tribunal, Manipur erred in
law as well as in fact in passing the judgment and order
dated 21.11.2020 that, driver of the involve vehicle was
holding a fake license at the time of the accident. The
driving license submitted along with the Claim Petition
was 55000/MTH in the name of Ch. Cheiraoba Meitei,
whereas in the investigation report from the concerned
DTO Thoubal, Manipur, their record showed that the said
driving license was registered in the name of one,
Thiyam Pinky Devi, d/o Th. Shyam Singh of
KongbaUchekon.
(ii) The claimant in his petition has clearly taken the plea
that, at the time of accident, the driver (respondent No.
2 in MAC Case No. 21 of 2014) was fully drunken state.
Mac App. No. 2 of 2023 Page 2
It is clear case of violation of M.V. Act, 1988 and the
terms and conditions of the Insurance and that, the
appellant should be absolved from any liability in the
case.
(iii) The policy was issued in the name of the Lessee
Durgapur Steel Plant with the vehicle No. WB-28-U-7226
whereas the vehicle involved in the accident was bearing
registration No. MN01S 1656 registered in the name of
ChongthamThoinao Meitei. This is in violation of Section
157(2) which clearly say that, the transferee has to apply
within 14 (fourteen) days from the date of transfer in
prescribed form to the insurer for making necessary
changes in regard to the fact of transfer in the certificate
of insurance in his favour. This is clear violation of the
M.V. Act, 1988 and terms and conditions of the Policy.
(iv) The Ld. Tribunal has wrongly assessed Rs. 5,00,000/-
(Rupees five lakh) only as future loss of earning without
any basis. The Ld. Tribunal without giving any finding
regarding the loss of earning of the claimant has wrongly
assessed a sum of Rs. 5,00,000/- (Rupees five lakh)
only.
(v) The driver of the involved vehicle was holding a fake
license at the time of the accident and if the insurance is
liable, the Ld. Tribunal should have directed the owner of
the Car to deposit surety and only then released the
award amount to the claimant/respondent No. 1 as per
various decision of the Supreme Court of India.
(vi) The Ld. Tribunal has passed the impugned judgment and
order dated 18.02.2021 passed in MAC Case No. 46 of
2019, most mechanically without application of mind and
is liable to set aside and quashed.
Mac App. No. 2 of 2023 Page 3
[4] On 25.12.2013, the respondent No.1/Claimant along with one,
Konsam Victor Singh was returning home on foot from
Lamboikhongnangkhong towards Akham Village, one Martuti Alto LXI bearing
registration No. MN01S 1656 driven by respondent No. 2 in the present
appeal hit the claimant from the backside, due to which the claimant
suffered sustained serious bodily injuries and was evacuated to RIMS
Hospital for medical treatment. The claimant has to under 2 (two) operation
for his treatment. Accordingly, a suo moto case was registered under FIR
Case No. 262(12)2013 Lamphel PS U/S 279/338/427 IPC.
The present respondent No. 1/claimant filed MAC Case No. 21
of 2014 before the Motor Accident Claims Tribunal for payment of
compensation for a sum of Rs. 15,00,000/- (Rupees fifteen lakh) only for the
injuries he sustained in the said accident.
The appellant also filed written statement denying any liability
pay any compensation since the driver of the car was fully drunk and was
holding a fake license at the time of accident.
[5] The Ld. Tribunal framed the following issues:
(i) Whether the pedestrian Shri Ph. Gandhi Singh was
knocked down from behind by a speeding Maruti Car
aforementioned, registered in the name of respondent
No. 1 driven by the respondent No. 2 and insured with
the respondent No. 3 on 25.12.2013 at about 08:30 pm
on Uripok Kangchup Road while proceeding from
Lamboikhngnagkhong to Akham Village (east to west)
due to rash and negligent driving on the part of the
respondent No. 2 who was also driving under the
influence of liquor, if so, whether respondent No. 2 had a
valid driving license?
Mac App. No. 2 of 2023 Page 4
(ii) Whether the respondents are jointly and severally liable
to pay compensation to the claimant for the injuries
sustained in the said road accident?
(iii) What would be just and appropriate compensation liable
to be paid to the claimants by the respondents?
(iv) Relief?
[6] The Ld. Tribunal passed the order dated 21.11.2020 in MAC
Case No. 21 of 2014 which is impugned herein, directing the
appellant/respondent No. 3 to pay a sum of Rs. 6,92,544/- (Rupees six lakh
ninety two thousand five hundred and forty four) only for the injuries and
the disablement suffered by the respondent No. 1/claimant. The relevant
portions of the order are reproduced herein below:
Having considered the rival contentions of both parties along
“16.
with the evidence available on record, both oral and documentary,
and the principles laid down in the above noted guidelines, the
quantum of compensation payable to the claimant for the injuries
sustained in the accident that occurred on 25/12/2013 at a place
near Lamboikhongnangkhong along the Uripok Kangchup Road,
Imphal West is assessed as follows:
Sl. Heads Calculations
No.
1. Medical expenses (supported by cash Rs. 51,881/-
memos and medical bills exhibited during
the trial of the case)
2. Expenses towards regular medical check- Rs. 12,000/-
up for a period of 4 months
3. Loss of earning during the period of Rs. 3,663/-
treatment calculated at the rate of Rs.
3663/- per month vide notification no.
5/289/91-Lab, dated 18/02/2021 of the
Labour Department, Government of
Manipur
4. Future loss of earning Rs. 5,00,000/-
5. Damages for mental and physical shock Rs. 1,00,000/-
6. Deduction for the interim award of Rs. Rs. 25,000/-
25,000/- already made to the claimant
7. Total (Sl. No. 1+2+3+4+5-6) Rs. 6,92,544/-
(Rupees six lakh ninety two thousand five hundred and forty four)
only
Mac App. No. 2 of 2023 Page 5
AWARD
Dated, the 21st November, 2020
In the result, the claimant is entitled to a sum of Rs.
6,92,544/- (Rupees six lakh ninety two thousand five hundred and
forty four only) as compensation for the injuries sustained by him
due to the accident that occurred on 25/12/2013. The respondent
No. 3 being the insurer of the offending vehicle owned by the
respondent No. 1 and driven by the respondent No. 2, shall
indemnify the respondent No. 1 and 2.
Respondent No. 3 is therefore directed to deposit a sum of
Rs. 6,92,544/- (Rupees six lakh ninety two thousand five hundred
and forty four) inclusive of the interim award if an to this Tribunal
within 60 (sixty) days from the date of passing this order. Moreover,
the claimants are also entitled to interest @ 6% p.a. from the date
of filing the claim case i.e. 25/03/2014 till the date of realization.
However, in the wake of COVID-19 pandemic, the period from 1st
April, 2020 to 31st December, 2020 shall not run into calculation of
interest payable to the claimant.”
[7] However, the claimant in the claim petition claims the
following:
(a) A sum of Rs. 63,000/- only as medical expenses.
(b) A sum of Rs. 30,000/- is expended for to and fro
fooding, lodging etc.
(c) A sum of Rs. 12,000/- for practice/check up to RIMS
Hospital after discharge of every 15th and 30th of a
month for 4 months according to Doctors advice.
(d) A sum of Rs. 5,00,000/- for lost of my energetic
opportunity of working and lost of my life.
(e) A sum of Rs. 2,00,000/- for pain suffering tension,
nervous etc.
Total amount of Rs. 8,05,000/- only.
[8] fake license at
The appellant’s submission in respect to holding
the time of accident by the respondent No. 2, the appellant is not entitled to
raise this point at this juncture as during the course of examination of
witnesses particularly the I.O. of the case who was examined as P.W. No. 4
stated the following :
“Ext. A/4 is the FIR which is already exhibited is the certified
copy of the FIR being No. 262 (12) 2013 of Lamphel P.S. Ext. A/4(1)
and (2) are the signature of the then O.C. namely B. Rishikesh
Sharma, Lamphel P.S. I know his signature as a subordinate staff. Ext.
A/5 which is also already exhibited is the certified to be true copy of
Mac App. No. 2 of 2023 Page 6
the injury report form. Ext. A/5(1) is my signature. Ext. A/6 which is
already exhibited and Ext. A/6(1) is my signature. During the
interrogations of the case I fond the original driving license of the
accused Chongtham Cheiraoba Meetei and found the validity of the
said driving license valid upto 22/05/2017 issued by the DTO, Ukhrul
District, Manipur. Thereafter, I was transferred to Keithelmanbi Police
Picket,
Imphal West District.”
The appellant failed to contradict the deposition made by the
P.W. No. 4 during the cross examination as the cross examination was ‘NIL’.
[9] Further, the point raised by the appellant that the driver
(respondent No. 2) was fully drunken at the time of the occurrence as such,
the respondent No. 2 violates M.V. Act, 1988. But, during the examination of
the I.O. of case there is no whisper of the drunkenness of the respondent
No. 2 and the appellant failed to raise this issue during the cross
examination, the statement of the claimant cannot be taken as true with
regard to the drunkenness of the respondent No. 2 as the claimant was in a
state of shock and due to the injuries.
Further, the issue raised by the appellant that the insurance
policy was issued in the name of lessee, Durgapur Steel Plant with the
vehicle number WB-28-U-7226 whereas, the vehicle involved in the accident
was bearing registration No. MN01S 1656. Again, this issue was not raised
either by the appellant during the examination of the PWs and also as well as
during the cross examination and the witnesses have given any statement
regarding this issue. As such, the appellant cannot raise this issue now.
[10] Regarding wrong assessment of Rs. 5,00,000/- only as future
loss of earning without any basis, I have gone through the statement of P.W.
No. 2, Dr. Sanjib Waikhom, this witness did not mention about the future
condition of the claimant and in his statement, he states that atient was
“P
not followed after this. It is difficult to comment about the disability and in
the cross examination of this witness is ‘NIL’.”
In respect of P.W. No. 3, Dr. Wahengbam Tulsidas Singh
–
Mac App. No. 2 of 2023 Page 7
“As per record Mr. Ph. Gandhi aged about 22 years S/o Ph.
Basu Singh of Lamshang Akham sustained fracture of right
parasymphysis region of mandible along with avulsion of incisors and
canine (11, 21, 22, 31, 32, 33, 41, 42 and 43).
He was operated on 02-01-2014 with open reduction and
internal fixation using miniplate and screws under local anaesthesia.
Thereafter, he did not have any mandible related problems. He has
not turned up for further follow up. He may require prosthetic
replacement of l
oss teeth.”
[11] In the circumstances, it is difficult to ascertain the condition of
the claimant as such, considering these facts and circumstances, the amount
awarded for future loss of earning is reduced to Rs. 3,00,000/-.
The Ld. Tribunal in the claim case directed as follows:
Respondent No. 3 is therefore directed to deposit a sum of Rs.
“
6,92,544/- (Rupees six lakh ninety two thousand five hundred and
forty four) inclusive of the interim award if an to this Tribunal within
60 (sixty) days from the date of passing this order. Moreover, the
claimants are also entitled to interest @ 6% p.a. from the date of
filing the claim case i.e. 25/03/2014 till the date of realization.
However, in the wake of COVID-19 pandemic, the period from 1st
April, 2020 to 31st December, 2020 shall not run into calculation of
interest payable to the claimant.”
The respondent No. 3 is directed to pay the calculated amount
which is to be calculated with the reduced amount in respect of future loss of
earning as mentioned above to the claimant within 3 (three) months from
the date of this order and the calculated amount of the award is to be
deposited to the account of the Ld. Presiding Officer, Motor Accident Claims
Tribunal, Manipur.
[12] With the slight modification of the award, this case is partly
allowed.
JUDGE
FR/NFR
Bipin
Mac App. No. 2 of 2023 Page 8