IN THE COURT OF THE 1st M.A.C.T.CUM DIST. JUDGE, BALASORE.

M.A.C. Case No. 53 2018

In the matter of:-
Smt. Prabhati Dash and others ……..petitioners
VERSUS
Mr. Surender Singh & another ……. Opp. Parties
A synopsis of written argument filed on behalf of the petitioners.
The above named petitioners beg to submit as under;
1. That, the petitioners are the parents and grand-mother of the deceased
Biswaranjan Dash and they are mere dependents of the deceased. The deceased
Biswaranjan Dash died on 13.05.2017 and his death was caused due to a motor
vehicle accident.
2. That, the brief fact of the case is that, the deceased Biswaranjan Dash was
employed as an Accountant under TS Tech Sun Rajsthan Pvt. Ltd. SP-2, 5 & 6
NIC (Majrakath) Neemrana Dist: Alwar, Rajsthan. On 13.05.2017 at about 8:30
PM the deceased Biswaranjan Dash along with his staff Pankaj Kumawat was
going from Antaraj side towards Japani Zone by one motorcycle bearing Regd.
No.HR-26BP-8520. The rider of the said motorcycle was riding the vehicle in a
normal speed and keeping to the left side of the road. When they reached near
Japani Zone Power House, under Neemrana P.S, suddenly one red coloured new
Mahindra tractor without registration mark came from their back side, (bearing
Regd. No. RJ-02RD-7445) being driven in a high speed with rash and negligent
manner and dashed behind the said motorcycle. As a result of which the
deceased Biswaranjan Dash fell down on the road, sustained grievous injuries on
vital organs of his head and body and died on the spot.
3. That, in this regard FIR was lodged at Neemrana PS on the same day and the
police registered FIR No. 158/2017 against the accused driver of the red coloured
new Mahindra tractor, made inquest over the dead body of the deceased and sent
the dead body to Neemrana CHC where post-mortem was conducted. After post-
mortem the dead body of the deceased was brought to his native village for
cremation.
Contd. Page-2
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4. The said accident was occurred due to sole rash and negligent manner driving of
the driver of red coloured new Mahindra tractor (bearing Regd. No. RJ-02RD-
7445, Eng. No. JFBM01799 & Chassis No. JFBM01799) and police after
investigation submitted charge sheet against the accused driver of the said
offending vehicle which is duly insured in the name of the O.P. No.1, with the O.P.
No.2 i.e. M/S L&T General Insurance Co. Ltd. and the said insurance company
has been taken over by M/S HDFC Ergo General Insurance Co. Ltd. vide policy
No. 515106000428430000, valid from 25.07.2016 to 24.07.2017, which is well
within the coverage period of accident. The accused driver of the said offending
vehicle namely Laxman Ram has a valid and effective Driving Licence during the
accident and hence the opposite party No.2 is liable to indemnify the same and to
pay compensation as per terms and conditions of the insurance policy.
5. That, the petitioners have well established their case by adducing documentary as
well as oral evidence on their behalf. In other hand, the Opp. Party No.2 neither
has challenged the occurrence of accidental death of the deceased in the above
said accident, nor did they challenge the age and income of the deceased. The
Opp. Party No.2 adduced evidence through its authorized official in which it raised
a question that how police investigating officer traced the offending vehicle on
which there were no registration mark ? In fact the offending vehicle was seized
from the spot of occurrence and on requisition of the Transport Authority the
vehicle registration number and its owner was identified from its Engine Number &
Chassis Number and the vehicle owner and driver also noticed by the police
investigating officer u/s 133 & 134 of MV Act (notice exhibited) and they also
appeared before police and admitted that the vehicle bearing Regd. No. RJ-02RD-
7445, Eng. No. JFBM01799 & Chassis No. JFBM01799 was owned by Surendra
Kumar and driven by Laxman Ram, the accused driver.
6. So far as the age of the deceased is concerned; it is pleaded that the deceased
was aged about 28 years old (DOB-09.01.1989) at the time of the accidental
death and in support of the age of the deceased the petitioners have filed the
matriculation certificate of the deceased. It is also pleaded that the deceased was
a strong, energetic, healthy young man and free from any kind of disease.
Contd. Page-3
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7. So far as the occupation of the deceased, the deceased Biswaranjan Dash was
employed as an Accountant under TS Tech Sun Rajsthan Pvt. Ltd. SP-2, 5 & 6
NIC (Majrakath) Neemrana Dist: Alwar, Rajsthan. The petitioners have filed the
letter of employment and Payment of salary slip of the deceased Biswaranjan
Dash. In order to prove the employment and income of the deceased the
petitioners have adduced witness P.W. No.2 the employer through its authorized
official namely Rajendra Kumar, who has filed the office copy of the appointment
letter, payment of salary for the month of February 2017 to April 2017 along with
the Form 16 with computation for the Assessment Year 2016-2017 and 2017-18.
8. So far as the income of the deceased is concerned; the deceased was a
permanent employee and he was getting ₹ 32,503/- per month as his salary. The
petitioners have filed the salary particulars and the Acknowledgement of Income
Tax Return with ITR Form for the Assessment Year 2015-2016 & 2016-2017 of
the deceased. The deceased died in a tender of his age and his income would be
increased remarkably in future.
9. That, the deceased was the only hope of the family of the petitioners. Due to
premature and accidental death of the deceased, the petitioners lost their love,
affection, care and future prospectus.
10. That, so far as the future prospectus of the deceased is concern, the deceased
was 28 years old and his job was permanent in nature and he could have earn
more salary due to his promotion in his service. If the monthly income of the
deceased was ₹32,503/-. As the age of the deceased was 28 years, which is
below the age of 40 years, for future prospectus 40% of income should be added
as per the decision of the Apex Court, in this case the deceased was an
employee, aged below 40 years group, which will be ₹32,503/-+ ₹.13001/- (40% of
monthly income)= ₹.45,504/- as per decision of the Apex Court in Rajesh & other
Versus, Rajbir Singh & others, SC,2013, TAC, Vol-3, page-697, para- (i) & (ii),
(i) Motor Vehicle Act, 1988 Sec. 168-Quantum of Compensation-Non-pecuniary
head of damages-Non-properly understood by Courts, concept of non-
pecuniary damage for loss of consortium being one of major heads- it would
be just and reasonable that courts award at least one lakh for loss of
consortium. (Para-20)
Contd. Page-4
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11. That, so far as the quantum of compensation, the petitioners are entitled to get
compensation and taking in to account of the monthly income of the deceased,
age and multiplier as per the latest decision of our Apex court, in full bench
“National Insurance Co. Ltd. Versus, Pranay Sethi & others” in Special Leave
Petition(Civil) No.25590/2014 decided on 31.10.2017, the petitioners entitled to
get compensation as per following calculation;
Deceased was unmarried having 3 nos. of dependants;
After deduction of ½ of his income it will be=₹.22,752/-
Age-28 years, Multiplier=17
₹.22,752/-X12X17=₹.46,41,408/-
“Reasonable figures on conventional heads, loss of Estate and funeral
expenses, non-pecuniary damage for loss of consortium should be
₹.1,00,000/-
Hence, ₹.1,00,000/- should be added to the award amount
=₹.46,41,408/-+ ₹.70,000/-= ₹.47,41,408/-
(Rupees forty-seven lakhs forty-one thousand four hundred eight) only
12. That, it is also not disputed by the Opp. Parties that the offending vehicle was duly
insured with the O.P. No.2, the Insurance Company which covers the date of the
occurrence of the accident.
13. The offending vehicle bearing Regd. No. RJ-02RD-7445, Eng. No. JFBM01799 &
Chassis No. JFBM01799 owned by the O.P. No.1 is duly insured with the O.P.
No.2 and the insurance policy covers the date and time of accident. The offending
driver also has a valid and effective D/L to drive such vehicle during the accident.
The O.P. No.2 neither challenged the accidental death of the deceased nor
challenged the vehicular papers of the insured vehicle.
14. For that, the petitioners have produced both oral and documentary evidence to
prove their case and filed the documents with regard to the age, occupation &
monthly income of the deceased which established the prima facie of the case, for
which petitioners are entitled to get compensation and the opposite parties, are
jointly and severally liable to pay the same.
Contd. Page-5
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15. That, the petitioners in their claim application have claimed modest amount of
₹.47,00,000/- and its interest @9% per annum from the date of filing of the case,
i.e. from 17.02.2018 and the petitioners are also entitled to get future interest
according to the law.
Therefore, the petitioners pray that Your Honour may graciously be pleased
enough to pass an order in favour of the petitioners granting the full claim amount
of ₹.47,41,408/- along with its interest at 9% p.a. from the date of filing, for which
the petitioners as in duty bound shall ever pray.

Submitted by

S.C. Behera
Advocate.