Sikkim High Court
The Branch Manager, National Insurance ... vs Susmita Gurung And Ano on 15 October, 2025
Author: Bhaskar Raj Pradhan
Bench: Bhaskar Raj Pradhan
THE HIGH COURT OF SIKKIM: GANGTOK
(Civil Appellate Jurisdiction)
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SINGLE BENCH: THE HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
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MAC Appeal No. 11 of 2025
The Branch Manager,
National Insurance Company Limited,
Division Office at National Highway-10,
Near Police Headquarters,
P.O. & P.S. Gangtok, Sikkim-737101.
(Insurer of vehicle bearing registration No.Sk-
01-PB-4075)
..... Appellant
Versus
1. Susmita Gurung,
Daughter of late Shyam Gurung,
Resident of 6th Mile, Tadong,
P.O. Tadong, P.S. Gangtok,
Sikkim-737134.
2. Bhanu Bhakta Jogi,
Son of late Krishna Bdr. Jogi,
Resident of Lower Suntaley, Sadam,
P.O. Sadam, P.S. Melli,
District Namchi, Sikkim-737128.
(Insurer/owner of Hyundai i10 Asta car
bearing registration no.Sk-01-PB-4075).
.....Respondents
Appeal under Section 173 of the Motor Vehicles Act,
1988.
(Impugned judgment and award dated 30.10.2024 passed by the
learned Member, Motor Accident Claims Tribunal, Sikkim at
Gangtok in MACT Case No.17 of 2024 directing the appellant to
pay the respondent no.2 compensation to the tune of
Rs.1,47,31,000/- only with interest @ 9% per annum from the
date of filing of the claim petition i.e. 05.04.2024 until its full
realization.
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2
MAC Appeal No. 11 of 2025
The Branch Manager, National Insurance Company Ltd. vs. Susmita Gurung & Anr.
Appearance:
Mr. M. N. Dhungel, Advocate for the Appellant.
Mr. K. B. Chhetri, Legal Aid Counsel for the
Respondent no.1.
Ms. Sabina Gurung, Legal Aid Counsel for the
Respondent No.2.
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Date of Hearing : 15.10.2025
Date of Judgment : 15.10.2025
JUDGMENT
Bhaskar Raj Pradhan, J.
1. Heard the learned counsel for the Branch Manager,
National Insurance Company Limited (the appellant). The
only issue raised by the learned counsel is on the income
certificate issued by the Sub Divisional Magistrate,
Gangtok (SDM) (hereinafter the income certificate) (exhibit-
8) which was issued on 21.02.2024 certifying that late
Pabitra Rai who expired on 14.01.2024 used to earn a
monthly income of Rs.1,12,700/-. The income certificate
states that it was issued on the recommendation of the
Counsellor vide Memo No.774/DC/GTK dated 21.02.2024.
2. The SDM who issued the income certificate was
examined by the learned Tribunal on 08.10.2024. He stated
that on 21.02.2024 he had received an application from the
daughter of the deceased for issuance of income certificate
of her late mother Pabitra Rai. He also deposed that she
The Branch Manager, National Insurance Company Ltd. vs. Susmita Gurung & Anr.
had submitted a recommendation of the Counsellor of
Ward No.18, Lower Tadong, 6th Mile, Gangtok Municipal
Corporation along with the trade license of Manihari,
grocery and lottery shop along with an affidavit of
declaration of income. According to the deponent on the
basis of the above documents he issued the income
certificate, certifying that late Pabitra Rai was earning a
monthly income of Rs.1,12,700/-.
3. He further deposed that in the income certificate
dated 21.02.2024 issued earlier there was an error on the
total amount of income from grocery and Manihari and the
figure of Rs.15000/- was written as 1500/- only. The
deponent stated that when the applicant brought the said
error before him he found that there was a typographical
error in the said income certificate and that on 19.09.2024
he had issued the income certificate.
4. The deponent was cross-examined by the appellant.
During his cross-examination, he denied the suggestion
that he was not the authorized person to issue the income
certificate. He also quite candidly admitted that he did not
personally verify the income of the deceased but issued the
income certificate based on the recommendation of the
concerned Counsellor. The deponent denied the suggestion
that the Counsellor's report is incorrect. He volunteered to
The Branch Manager, National Insurance Company Ltd. vs. Susmita Gurung & Anr.
state that if there was any doubt or objections it can be
sent for re-verification. Although the deponent had
volunteered for re-verification, the record does not reveal
that the appellant had sought to re-verify the income
certificate.
5. The income certificate has been certified after due
verification by the SDM who is a public authority and it is
relevant.
6. In matters relating to Motor Accident Claims the
evidence of the SDM along with the income certificate
would be sufficient to determine the income as has been
correctly done by the learned Tribunal.
7. The impugned judgment is a reasoned judgment. It
has recorded the rival submissions of the learned counsel
for the parties. It has also examined the records exhibited,
analysed and rendered an opinion awarding a sum of
Rs.1,47,31,000/- to the claimant as compensation along
with interest at 9% per annum effective from the date of
filing of the application (i.e. 05.04.2024) until its full
realization.
8. The learned Tribunal has held that the First
Information Report (FIR) (exhibit-2) reveals that the
accident was reported at Nagrakata P.S. by S.I. Binod
The Branch Manager, National Insurance Company Ltd. vs. Susmita Gurung & Anr.
Subba on the same day. The contents of the FIR reflected
that the accident vehicle was driven by the respondent no.2
at a high speed due to which he lost control of the vehicle
which turned turtle. A case was registered under sections
279, 337, 338, 304A and 427 of the Indian Penal Code,
1860 against the respondent no.2. Charge-sheet (exhibit-
17) for over-speeding and driving in a rash and negligent
manner was filed. The learned Tribunal was satisfied that
the evidence led sufficiently proved rash and negligence on
the part of the driver. The learned Tribunal was also of the
view that the vehicle involved in the case was the accident
vehicle (SK-01-PB-4075); the death certificate (exhibit-6)
reflected that the deceased had died on 14.01.2024 and the
post-mortem report (exhibit-5) showed that the cause of
death was due to injury sustained in road traffic accident.
The learned Tribunal was also satisfied that the documents
of the accident vehicle including the driving license of the
driver were valid. The learned Tribunal concluded that the
deceased was 47 years old at the time of the accident and
was also satisfied with the income certificate, although the
monthly turnover from the business of the deceased had
not been filed. It was held that the income certificate issued
by the SDM akin to a Block Development Officer (BDO) is a
valid proof of income and can be safely relied upon. The
The Branch Manager, National Insurance Company Ltd. vs. Susmita Gurung & Anr.
learned Tribunal concluded that it had no reason to doubt
that the deceased could earn Rs.1,12,700/- per month.
Accordingly, it calculated the loss of earning/dependency,
loss of estate, funeral expenses, cost of transportation and
non-pecuniary damages. As per the calculation of
compensation by the learned Tribunal the claimant was
entitled to a total of Rs.1,47,31,000/- which was awarded
along with interest at 9% per annum.
9. The learned counsel for the Insurance Company
raises no other grounds. The learned counsel for the
claimant/respondent no.1 as well as respondent no.2 is
satisfied with the compensation awarded by the learned
Tribunal.
10. This Court is of the view that the sole ground
canvassed by the learned counsel for the appellant does not
permit this Court to overturn the verdict and compensation
granted by the learned Tribunal. It is accordingly upheld.
The appeal is dismissed.
( Bhaskar Raj Pradhan )
Judge
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