Tripura High Court
National Insurance Company Ltd vs Sri Dulal Mitra And Ors on 3 August, 2023
HIGH COURT OF TRIPURA
AGARTALA
MAC.App 45 of 2022
National Insurance Company Ltd.
---Appellant(s)
Versus
Sri Dulal Mitra And Ors
(Legal Heirs of Late Milan Prabha Mitra )
---Respondent(s)
For Appellant(s) : Mr. A. K. Deb, Advocate.
For Respondent(s) : Mr. A. De, Advocate.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
ORDER
03.08.2023
Heard Mr. A. K. Deb, learned counsel appearing for the
appellant as well as Mr. A. De, learned counsel appearing for the
claimant-respondents.
This is an appeal under section 173 of the M.V. Act against
the Award dated 04.03.2022 passed in TS(MAC) 176 of 2019 by Ld.
Member, Motor Accident Claims Tribunal, West Tripura, Agartala, Tribunal
No.4.
Brief facts leading to this case is that on 23.6.2019 at about
9 a.m. Anup Mitra @ Helu (deceased) was proceeding to Kabarkhala
market on foot from his house and while he reached on the main road at
Kabarkhala the motor bike bearing registration No. TR-01-AH-4627 (Bajaj
Avenger bike) coming from western side being driven with high speed in
rash and negligent manner dashed him from back side. As a result the
victim fell down on the road and sustained grievous injuries on his
person. Instantly he was shifted to the AGMC & GBP Hospital but the
attending doctor after examination declared him dead. Hence, the
claimant petitioner being the mother of deceased Anup Mitra filed this suit
seeking compensation to the tune of Rs.27,93,000/-. It has been further
contended that the accident occurred due to reckless and irresponsible
driving of the offending bike by its rider. It is also pleaded that the
deceased was of the age of 44 years and being a vendor of vegetable
used to earn about Rs.21,000/- per month.
The O.P. No.1, owner of the offending vehicle has contested
the suit by filing written statement and apart from denying all the
allegations has contended that he is the owner of the offending vehicle
and that at the time of accident the vehicle was driven by one
Pramathesh Dasgupta having valid driving licence and that the vehicle
was insured with the O.P. No.2, the National Insurance Co. Ltd.
Therefore, O.P. No.1, urged for fixing the liability on his insurer to pay the
compensation, if any.
O.P. No.2 the insurance company through their written
statement have denied all the allegations and thereby put the claimant
petitioners as well as the O.P. No.1 in strict proof of their respective
claims.
With a view to decide the claim of the claimant petitioners
following issues were framed :-
ISSUES
(1) Whether Anup Mitra died in a vehicular accident which alleged
to have been took place on 23.6.2019 at about 9 a.m. at
Kabarkhala on Indranagar - G.B. Road under NCC P.S. West
Tripura District due to rash and negligent driving of vehicle bearing
registration No. TR-01-AH-4627 (Bajaj Avenger bike) by its rider.
(2) Whether the claimant petitioner being the mother of the
deceased, is entitled to get compensation, if so, upto what extent
and who shall be liable to pay the same.
After considering all these aspects and materials available in
the record, this Tribunal finally observed in the following manner:
"Claimant petitioner is entitled to get the award of
Rs.16,57,000/- (Rupees Sixteen lacs fifty seven thousand) only
along with 9% simple interest per annum from the date of
registration of claim i.e, w.e.f. 31.8.2019 till the date of realization
thereof from the O.P. No.2 the National Insurance Co. Ltd.
(ii) 40% of the award be invested by purchasing separate
Fixed Deposit certificate in the name of claimant petitioner from
any Nationalized Bank at least for the next 5 years with a liberty to
the claimant petitioner to withdraw the monthly interest from her
own account and no loan or advance or pre-mature withdrawal
shall be allowed without prior sanction of this Tribunal.
The O.P. No.2, i.e. the National Insurance Company
Limited shall deposit the awarded amount along with interest
thereon within one month from this day with this Tribunal."
Aggrieved by the impugned order dated 04.03.2022, the
appellant-insurance company has approached this court for seeking relief.
In view of the above submission and having perused the
record, this court does not find any infirmity in the judgment and order
dated 04.03.2022 passed in Case No. TS(MAC) 176 of 2019. However,
this court is of the view that the rate of simple interest per annum may be
reduced to the tune of 7.5% instead of 9%. Therefore, this court directs
the appellant to pay the total award of compensation of Rs.16,57,000/-
(Rupees Sixteen lacs fifty seven thousand) only along with 7.5% simple
interest per annum from the date of registration of claim i.e. w.e.f.
31.08.2019 till the date of realization. It is made clear that the amount to
be deposited within one month from today, if not already deposited. On
such deposit, the claimants are at liberty to withdraw the same as per
procedure unconditionally.
In view of the above, the present appeal is allowed to extent
as indicated above. As a sequel, stay, if any, stands vacated. Pending
application(s), if any also stands closed.
JUDGE
Dipak
DIPAK Digitally signed by
DIPAK DAS
DAS Date: 2023.08.09
15:40:12 +05'30'
