The Branch Manager, The New India ... vs Sachin Darjee And Ors
2023 Latest Caselaw 6 Sikkim

           THE HIGH COURT OF SIKKIM : GANGTOK
                            (Civil Appellate Jurisdiction)
                             DATED : 9th March, 2023
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SINGLE BENCH : THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
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                           MAC App. No.01 of 2021
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      Appellants       :            The Branch Manager,
                                    The New India Assurance Co. Ltd. and Another

                                    versus
      Respondents :                 Sachin Darjee and Others

     Appeal under Section 173 of the Motor Vehicles Act, 1988.
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      Appearance
           Ms. Navtara Sarda, Advocate for the Appellants.

           Mr. S. S. Hamal, Senior Advocate with Mr. Tashi Wongdi Bhutia, Mr.
           Mahesh Subba and Mr. Pradeep Sharma, Advocates for Respondent
           No.1.

           Mr. Sunil Baraily, Advocate for the Respondents No.2.

           Ms. Bhawana Chhetri, Advocate for the Respondent No.3.
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                    J U D G M E N T(O R A L)

Meenakshi Madan Rai, J.

1. The lone ground of challenge on which the Appeal

pivots pertains to the monthly income of the victim placed at

₹9,000/-(Rupees nine thousand) only, by the Claimants-

Respondents and denied by the Appellants.

2. The accident occurred at Dogra MT Army Camp area,

Lachung, North Sikkim, on 21-11-2017, at 2030 hours, when the

victim employed as a site supervisor by C.W.3, Mr. Salvarious

Sanjog Chettri, was standing behind a bus which was being

reversed by the driver. The victim came to be crushed between

the reversing bus and the Army vehicle which was standing at the

parking area. He was immediately evacuated to the Medical

Inspection (MI) room for treatment but was unfortunately declared

"brought dead".

MAC App. No. 01 of 2021

The Branch Manager,The New India Assurance Co. Ltd. and Another vs. Sachin Darjee and Others 2

3. It is contended by Learned Counsel for the Appellants,

that the Claimants-Respondents have failed to establish that the

victim was earning a sum of ₹9,000/-(Rupees nine thousand) only,

per month, during the relevant time, towards which she relies on

the cross-examination of the Claimant No.2 by the Opposite Party

Nos.1 and 2 (Appellants herein) and the cross-examination of the

Witness No.3 for the Claimants by the Opposite Party Nos.1 and 2.

That, consequently the compensation awarded by the Learned

Tribunal is inflated and erroneous. Learned Counsel concedes that

there are no other grounds for assailing the Judgment and Award

of the Learned Motor Accidents Claims Tribunal.

4. Learned Senior Counsel for the Respondent No.1, on

the other hand, refuting the arguments of Learned Counsel for the

Appellants submitted that the cross-examination pointed out by the

Learned Counsel for the Appellants does not demolish the fact that

the deceased was paid ₹9,000/-(Rupees nine thousand) only, per

month, by the said C.W.3, his employer, nor does the cross-

examination of C.W.3 himself demolish this fact. Hence, no error

arises in the Judgment and Award of the Learned Motor Accidents

Claims Tribunal, which thereby requires no interference.

5. Learned Counsel for the Respondent Nos.2 and 3 had

no independent submissions to make and endorse the submissions

put forth by Learned Senior Counsel for the Respondent No.1.

6(i). Having considered the submissions of Learned Counsel

for the parties and carefully perused the records including the

evidence pointed toand relied on by Learned Counsel for the

Appellants,it is evident therein that the fact that the victim was

earning ₹9,000/-(Rupees nine thousand) only, per month, at the

relevant time has not been demolished by cross-examination of the MAC App. No. 01 of 2021

The Branch Manager,The New India Assurance Co. Ltd. and Another vs. Sachin Darjee and Others 3

witnesses. Exhibit 2 lends further credence to the claim of the

Respondent No.1 that the victim was paid ₹9,000/-(Rupees nine

thousand) only, per month.Consequently, it concludes that victim

was earning ₹9,000/-(Rupees nine thousand) only, per month, at

the time of accident.

(ii) On such conclusion, in my considered opinion the

Judgment and Award of the Learned Motor Accidents Claims

Tribunal warrants no interference.

(iii) Accordingly as Ordered by the Learned Motor Accidents

Claims Tribunal, the Appellants [Insurance Company] shall pay a

sum of ₹14,30,800/-(Rupees fourteen lakhs thirty thousand and

eight hundred) only, as total compensation to the Claimants. The

entire amount shall be paid within a period of one month from

today with interest @ 9% per annum, failing which the Appellants

shall pay simple interest @ 10% per annum, from the date of filing

of the Claim Petition i.e., 01-06-2018, till full realisation, duly

deducting the amounts, if any, already paid by the Appellants

[Insurance Company] to the Claimants-Respondents.

7. Appeal is dismissed and disposed of accordingly.

8. Copy of this Judgment be forwarded to the Learned

Tribunal for information, along with its records, if any.

9. Pending Applications, if any, stand disposed of.

( Meenakshi Madan Rai ) Judge 09-03-2023

Approved for reporting :Yes

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