Tripura High Court
Shri Debu Debnath vs Sri Satish Kumar on 19 July, 2022
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
MAC APP NO.01 OF 2020
Shri Debu Debnath,
S/o. Shri Sanjit Debnath,
Resident of Durganagar,
P.S. Ranirbazar, District-West Tripura.
......... Appellant(s)
Vs.
1. Sri Satish Kumar,
S/o Rashpal Singh,
Resident of-Village-Palli,
District-Shambha,
State-Jammu, Pin-181132,
(Owner of the offending vehicle
Bearing No.JK-14-A-6734, Truck)
2. Sriram General Insurance Company Ltd.
Represented by its General Manager,
Bardowali, Agartala, Tripura 799003,
Ward No.39, House No.390971,
Near of Tripura Gramin Bank,
P.O.-A.D. Nagar, P.S. A.D. Nagar,
Bardowali, Agartala, Tripura 799003.
3. Shri Hathori Swargiary,
S/o Shri Banulai Swargiary,
Of Village-Noonmati, Bonda,
P.S.- Panikanith,
District-Kamroop, Assam,
(Driver of the offending vehicle
Bearing No.JK-14-A-6734, Truck)
......Respondent(s)
For the Appellant(s) : Mr. A. Nandi, Advocate.
For the Respondent(s) : None.
Date of hearing and delivery of
Judgment & Order : 19.07.2022.
Whether fit for reporting : YES/NO.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
JUDGMENT AND ORDER(ORAL)
This appeal has been filed under Section -173(1) of
the Motor Vehicles Act, 1988 (as amended up to date) for
set aside/modification/enhancement of the judgment and
award dated 19.08.2019 passed by M.A.C.T (No.3), West
Tripura, Agartala in case No.T.S.(MACT) 295/2014.
2. Heard Mr. A. Nandi, learned counsel appearing
for the appellant. None appears for the respondents.
3. It is the case of the petitioner that he is 21 years
old and on 17.02.2014 at about 15.30 hrs in an accident, he
suffered injuries. He was declared disabled to the extent of
over 40 percent. Initially, it was for a period of 5(five) years
up to 2017, and further upon assessment, it was extended
up to 2021. Accordingly, the appellant herein presented a
claim for granting compensation for a sum of
Rs.12,48,440/- before the Motor Accident Claims Tribunal,
Agartala ('M.A.C.T' in short). The MACT has awarded a sum
of Rs.3,19,040/-.
4. The appellant herein challenged the said order of
MACT, Agartala, and has preferred the present appeal
seeking enhancement of the order of MACT and also shifting
of the liability of the award on the respondent-Insurance
Company.
5. In so far as the findings of the learned MACT
with regard to the fixing of liability is concerned, this Court
is convinced on the findings expressed by learned MACT,
Agartala since the petitioner has not placed before the
learned MACT any evidence to appreciate the fact that the
petitioner was conducting tuition and he was also a private
employee. The petitioner has not also filed any piece of
evidence to show his educational qualification to say that he
is a qualified person to conduct private tuition classes.
6. Since the petitioner at the threshold has failed
with regard to proving his education and earning capacity,
this Court confirms the findings of the learned MACT.
7. In so far as the disability is concerned, the said
certificate and the medical evidence were not properly
examined and appreciated in support of the petitioner.
8. With regard to shifting of liability of the award on
the respondent-Insurance Company is concerned, Mr.
Nandi, learned counsel appearing for the appellant has
placed on record an insurance policy document which is
issued in the name of the owner of the vehicle Sri Satish
Kumar vide vehicle No.JK14-A-6734. The said insurance
policy is valid up to 16.08.2014 and the said accident
occurred on 17.02.2014.
9. In view of the same, the liability of the award is
shifted upon the respondent-insurance company.
10. In view of the above observation and directions,
this instant appeal is partly allowed and thus disposed of.
Any pending application(s), if any, also stands disposed of.
JUDGE
suhanjit
