National Insurance Company ... vs Malek Miah
2022 Latest Caselaw 787 Tri

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                    HIGH COURT OF TRIPURA
                          AGARTALA
                    MAC APP NO.53 OF 2022

   National Insurance Company Limited,
   Represented by its Divisional Manager,
   Agartala Divisional Officer, A.K. Road, Agartala,
   P.O. Agartala, P.S. West Agartala, Dist-West Tripura.
   [Insurer of the Bus bearing No.TR-01-AQ-0228(Maruti Alto
   800)]

                                            ......... Appellant(s)

                    Vs.

   1. Malek Miah,
   S/o-Md. Echak Miah,
   R/o-village Joynagar near Dilwala Petrol Pump,
   P.O- Birendranagar, P.S. Jirania,
   District-West Tripura.
                               ........ Claimant Respondent(s)

2. Mrs. Laxmiswari Debbarma, W/o Late Sudhanya Debbarma, Resident of Asriapara, Chachu Bazar, Sidahi Mohanpur, P.S. Sidhai, (Owner of Maruti Alto bearing registration No.TR-01-AQ- 0228)

......(Owner Respondent)

For the Appellant(s) : Mr. S. Debnath, Advocate

For the Respondent(s) : Mr. S. Datta, Advocate.

Mr. H. Debbarma, Advocate.

Date of hearing and delivery of Judgment & Order : 23.08.2022

Whether fit for reporting : NO.

HON'BLE MR. JUSTICE T. AMARNATH GOUD

JUDGMENT AND ORDER

This is an appeal filed under Section 173 of the Motor

Vehicles Act, 1988 against the impugned judgment and

award dated 18.09.2021 passed by the learned Motor

Accident Claims Tribunal No.1, West Tripura, Agartala, in

Case No.TS.(MAC) No.253 of 2016 and staying of the

operation of the impugned judgment and award dated

18.09.2021. Further not to proceed with any execution

proceeding if any filed by the claimant respondents in the

meantime, till disposal of the present appeal.

2. The fact of the case, in brief, is that, on

25.02.2015 the victim Arif alias Arup Miah as a gratuitous

passenger went to Indranagar, Agartala boarding vehicle

bearing No.TR-01-AQ-0228(Maruti Alto 800) for participating

in a religious function of the Muslim Community. On the way

back home, when the vehicle reached Ranirbazar, Nalgaria,

on Assam-Agartala Road, at about 0.15 hrs of 26.02.2015,

while giving pass to another vehicle dashed against a tree on

the left side. As a result, Arif alias Arup Miah and the

passengers in the said vehicle sustained serious injuries.

With the help of the local people and fire service, they were

taken to Ranirbazar PHC, wherefrom they were referred to

AGMC & GBP Hospital, Agartala, where the attending doctors

declared her dead. Out of the said accident, a police case

was registered in Ranirbazar P.S. as Ranirbazar P.S U.D.

Case No.02 of 2015, under Section 174 of Cr.P.C. following

GDE No.960.

3. Subsequently, a claim petition was filed by the

claimant-respondents claiming compensation to the tune of

Rs.8,20,000/- for the death Arif alias Arup Miah being the

son of the respondent No.1 in a vehicular accident occurred

on 26.02.2015.

4. The owner-respondent i.e. the O.P. No.1,

owner of the offending vehicle bearing No. TR-01-AQ-

0228(Maruiti Alto 800) contested the case by filing a written

statement stating that at the time of the accident, the driver

of the alleged vehicle was having a valid driving license. On

the alleged date of the accident, the vehicle had all

documents like registration certificate, tax token, insurance

certificate, etc. The accident did not occur due to the rash

and negligent driving of the alleged offending vehicle.

Further, the vehicle in question is/was insured with the

appellant Insurance, Co. at the relevant time of the accident,

and if there is any compensation that is to be borne by the

appellant, Insurance Company.

5. The appellant, Insurance Company also

contested the case by filing a writing statement denying and

disputing the monthly income, age, profession, and all other

claims of the claimant respondent and prayed for dismissal

of the claim petition. The appellant, Insurance Company also

pleaded that the vehicle was a private vehicle and carried

passengers. The said accident took place as the driver of the

said vehicle was in a drunken condition at the time of the

alleged accident.

6. After considering the written statement,

evidence and the argument advanced by the appellant-

Insurance Company, the learned Tribunal fastened the entire

liability of compensation of Rs.4,80,000/- against the

appellant, Insurance Company along with the stipulated rate

of interest.

7. Mr. S. Debnath, learned counsel appearing for

the appellant, Insurance Company argued that the vehicle in

question is authorized to carry only 1+3 passengers and

beyond that, the concerned Maruti Vehicle is not eligible to

carry any passenger beyond its seating capacity. The

learned Tribunal has not considered the authorized seating

capacity of the concerned Maruti Alto vehicle and passed the

award against the appellant, the Insurance Company.

Further, learned counsel appearing for the appellant,

Insurance Company also pleaded that the vehicle was a

private vehicle and carried passengers. The said accident

took place as the driver of the said vehicle was in a drunken

condition at the time of the alleged accident.

8. Mr. S. Datta, learned counsel appearing for the

respondents opposed the said argument of the learned

counsel appearing for the appellant, Insurance Company,

and prayed to uphold the judgment and award of the

learned Tribunal.

9. Heard both sides and perused the evidence on

record.

10. It is already established that the accident had

occurred out of the use of the Maruti Alto 800 bearing No.

TR-01-AQ-0228. As such the liability of payment of

compensation should be borne by the owner of the Maruti

Alto. But the engine number, chassis number, and

registration certificate of the vehicle bearing No.TR-01-AQ-

0228 as proved by the owner-respondent is covered under

the Insurance Policy of the vehicle in question. It is a

package policy covering the period from 24.12.2014 to

23.12.2015 and the accident occurred on 26.02.2015 i.e.

within the period of the policy. As per the driving license of

the driver-Inuchh Miah, he was authorized to drive, M.CYL,

LMV-NT, TRANSPORT, LMVCAB w.e.f. 06.01.2009 having

validity up to 07.02.2032 for non-transport vehicles and up

to 07.02.2015 for transport vehicles. As the vehicle involved

in this alleged accident is a non-transport vehicle, the

driving license of the driver was valid at the time of the

accident.

11. In view of the above observation and the

evidence on record, this Court is of the view that the

impugned judgment and award dated 18.09.2021 passed by

the learned Motor Claims Tribunal No.1, West Tripura,

Agartala in Case No.T.S. (MAC)253 of 2016 is just and

proper and it needs no interference.

12. Consequently, this instant, appeal stands

dismissed.

JUDGE

suhanjit