KHOIROM
Digitally signed by
KHOIROM
IN THE HIGH COURT OF MANIPUR
BIPINCHAND
BIPINCHANDRA SINGH
Date: 2024.09.26 AT IMPHAL
RA SINGH
16:19:46 +05'30'
MAC APP. No. 6 of 2021
1. The Union of India represented by the Secretary,
Home, Government of India.
2. The Commandant, 34th Assam Rifles, Agartala,
Tripura.
Appellants
….
- Versus -
1. Smt. Thoudam (O) Anita Devi, aged about 42 years,
W/o late Thoudam Jiten Singh of Leishangthem
Thoubal, P.O. & P.S. Thoubal, Thoubal District,
Manipur.
2. Km. Thoudam Alisia Devi, aged about 21 years, D/o
late Thoudam jiten Singh of Leishangthem Thoubal,
P.O. & P.S. Thoubal, Thoubal District, Manipur.
3. Km. Thoudam Domi Devi, aged about 16 years, D/o
late Thoudam Jiten Singh of Leishangthem Thoubal,
P.O. & P.S. Thoubal, Thoubal District, Manipur being
a minor represented by her natural mother, Smt.
Thoudam (O) Anita Devi, aged about 42 years, W/o
late Thoudam Jiten Singh of Leishangthem Thoubal,
P.O. & P.S. Thoubal, Thoubal District, Manipur.
4. Master Thoudam David Singh, aged about 13 years
S/o late Thoudam Jiten Singh of Leishangthem
Thoubal, P.O. & P.S. Thoubal, Thoubal District,
Manipur being a minor represented by her natural
mother, Smt. Thoudam (O) Anita Devi, aged about 42
years, W/o late Thoudam Jiten Singh of Leishangthem
Thoubal, P.O. & P.S. Thoubal, Thoubal District,
Manipur.
5. Md. Rahimuddin, aged about 61 years, S/o (L) Md.
Basiruddin of Chirai Mayang Imphal, P.O. & P.S.
Mayang Imphal, Imphal West District, Manipur.
….. Respondents
MAC APP No. 6 of 2021 Page 1
B E F O R E
HON’BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU
For the appellants : Mr. S. Samarjit, Senior PCCG
For the respondents : Mr. S. Jibon, Advocate
Date of hearing : 08.08.2024
Date of Judgment &
Order : 26.09.2024
JUDGMENT & ORDER
(CAV)
[1] Heard Mr. S. Samarjit, learned senior PCCG appearing for
the appellants and Mr. S. Jibon, learned counsel appearing for the
respondents.
[2] The present appeal has been instituted under Section 173
of the Motor Vehicles Act, 1988 against the judgment and order dated
29.08.2019 passed by the Ld. Motor Accidents Claims Tribunal, Manipur
in MAC Case No. 50 of 2011 with the following prayers:
(i) To admit this appeal and call for records of MAC
Case No. 50 of 2022.
(ii) To set aside the impugned judgment & order and
award dated 29.08.2019 passed in MAC Case No.
50 of 2011 as the same was not passed after
proper finding on the materials of the case.
MAC APP No. 6 of 2021 Page 2
[3] During the course of hearing, Mr. S. Samarjit, learned
senior PCCG appearing for the appellants draws the attention of this
Courts order dated 04.04.2022 passed in MC(MAC APP) No. 5 of 2021
(Ref. : MAC APP. No. 6 of 2021). The operative portion of the said order
is extracted herein below:
The miscellaneous cases are accordingly disposed of
“[5]
granting stay of the Award under appeal subject to the
appellants depositing 50% of the amount awarded along with
interest thereon, calculated till today, to the credit of Motor
Accident Claims Case No. 50 of 2011 on the file of the Motor
Accident Claims Tribunal, Lamphelpat, within two months from
the date of receipt of a copy of this order.”
[4] Further, the learned senior PCCG draws the attention of
this Court’s order impugned herein passed in Motor Accident Claims
Case No. 50 of 2011. The relevant portions of the said order are
extracted herein below:
The claimant as PW No. 1 has stated that her husband
“17.
deceased Thoudam Jiten Singh was serving as a Pharmacist in
the Health Department, Govt. of Manipur, drawing a monthly
salary of Rs. 12,124/- only per month and this has been
supported by the exhibits at Ext. A-7 and Ext. A-8.
18. This Court has also examined that the deceased
husband of the claimant was only 37 years old at the time of
his health and was in sound health condition.
Hence, the claimant is entitled to the following award
for compensation amount as detailed below:
Sl. Details of the award/compensation Total amount
No.
1. Loss of earing due to death Rs. 20,95,028/-
calculated for Pharmacist at the
rate of Rs. 12,124/- per month:
Rs. 12,124/- X 12 months X 16
multiplier = Rs. 23,27,808/- -
1/10th i.e. Rs. 2,32,780/- = Rs.
20,95,028/-
2. Loss of consortium Rs. 40,000/-
3. Funeral Expenses Rs. 15,000/-
4. Total Rs. 21,50,028/-
MAC APP No. 6 of 2021 Page 3
[5] Both the learned counsels appearing for the parties
admitted the fact that
–
(i) There was an accident involving the motorcycle
(Bajaj Platina) of the respondent and the vehicle
of the appellants i.e. Tata 407 Truck on
31.12.2009. Due to that accident, the respondent
sustained bodily injuries.
(ii) Vide order dated 04.04.2022 passed in MC(MAC
APP) No. 5 of 2011 (Ref. : MAC APP No. 6 of 2021),
the appellants were directed to deposit 50% of the
amount awarded with interest calculated till the
day of passing the order to the account of Motor
Accident Claims Tribunal within a period of 2 (two)
months. Accordingly, the appellants deposited the
calculated amount and the same was already
withdrawn by the respondent.
(iii) A sum of Rs. 1,00,000/- (Rupees one lakh) was
paid to the respondent as agreed upon in an
agreement deed dated 08.01.2010 executed
between the two parties.
[6] After hearing both the learned counsels appearing for the
parties at length and after going through the facts and circumstances
as narrated above and the above admitted facts, the present case is
MAC APP No. 6 of 2021 Page 4
disposed by directing the appellants to pay the remaining half of the
awarded amount without interest after deducting a sum of Rs.
1,00,000/- (Rupees one lakh) which had already been paid to the
respondent as per the agreement deed dated 08.01.2010 and also a
sum of Rs. 25,000/- (Rupees twenty five thousand) which had already
been deposited to the Registry in connection with filing of the instant
appeal as per Section 173 of the Motor Vehicles Act, 1988, to the
respondent within a period of 2 (two) months.
Further, it is directed to the appellants to deposit the said
remaining amount of Rs. 9,50,014/- (Rupees nine lakh fifty thousand
and fourteen) to the account of Registrar General, High Court of
Manipur.
[7] The Registry is directed to release the said amount of Rs.
9,50,014/- (Rupees nine lakh fifty thousand and fourteen) with the said
sum of Rs. 25,000/- (Rupees twenty five thousand) as aforementioned
in favour of the respondent subject to proper verification.
[8] With the above direction, the present appeal is disposed
of.
JUDGE
Bipin
MAC APP No. 6 of 2021 Page 5