Tripura High Court
The Oriental Insurance Company ... vs Smt. Babli Saha(Sharma) And ... on 9 February, 2023
Page 1 of 4
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
MFA(E/C) No.05 of 2022
The Oriental Insurance Company Limited
......Appellant(s)
VERSUS
Smt. Babli Saha(Sharma) and others
......Respondent(s)
For Appellant(s) : Mr. Biswanath Majumder, Advocate.
For Respondent(s) : None.
HON'BLE THE CHIEF JUSTICE (ACTING)
ORDER
09.02.2023
Heard Mr. Biswanath Majumder, learned counsel appearing
for the appellant-insurance company. Despite service of notice, there is no
representation from the respondents.
[2] The present appeal is directed against the judgment and award
dated 08.07.2022 passed by the learned Commissioner, Employee's
Compensation, West Tripura, Agartala in T.S(EC) No. 07 of 2018 whereby
the Commissioner awarded compensation of Rs.10,76,000/- in favour of
the claimant with interest @ 12% per annum from 05.06.2018 i.e. one
month after the date of incident till realization.
[3] Brief facts leading to this case are that on 02.05.2018 the
victim Khokan Sharma under the direction of respondent No.1 was
proceeding towards M/S. Ankur Service, Khayerpur Britinnia Biscuit
Company, Agartala from Guwahati Britannia Depo(Lokhra) loaded with
Britannia Biscuit through Assam Agartala Road and when the vehicle
reached at Bazaricherra, Kurikhai for unloading biscuit in the company,
unfortunately, he was found dead in the driver's cabin of the said vehicle.
Subsequently, the dead body was brought to the Civil Hospital,
Karimganj and the doctor declared him dead and thereafter postmortem
examination was carried out on 06.05.2018. The said accident had
occurred in course of employment as a driver of the vehicle bearing
No.AS-01-JC-0562. In relation to the said incident, a police case was
registered in the Bazaricherra Police Station vide Bazaricherra P.S. Case
No.63 of 2018 under Sections 120(B)/302/201 of IPC.
[4] It was alleged that at the time of the incident the deceased
was 42 years of age and used to earn Rs.12,000/- per month.
Subsequently, they claimed compensation of Rs.15,00,000/-. The
respondent No.1, in his written statement admitted that the victim Khokan
Sharma was employed by the opposite party No.1 as driver of the goods
carrier truck bearing No.AS-01-JC-0562 and he was murdered within the
night of 03.05.2018 to the morning of 05.05.2018 in the driver's cabin of
the said vehicle. It was also stated that the opposite party No.2 being the
insurer of the said vehicle would be liable for payment of compensation.
On the other hand, the opposite party No.2 in their written statement
denied that the victim Khokan Sharma was murdered in course of his
employment and also stated that the said victim was not employed with
the opposite party No.1 nor was he under any employment when the
murdered occurred and as such the petitioners were not entitled to get any
compensation.
[5] The learned Commissioner after framing the issues and after
appreciating the evidence on record, awarded compensation of
Rs.10,76,000/- to the claimant fixing the liability upon the insurer. He
observed that the offending truck was insured with the Oriental Insurance
Company for the period from 30.08.2017 to 29.08.2018 and it was a
package police and the incident had occurred on 05.05.2018 i.e. within the
period of policy. The driving license of the driver was also valid at the time
of incident. Since the Insurance Company had not adduced any evidence in
support of their claim, the liability of payment of compensation was shifted
upon the Oriental Insurance Company. The operative portion of the
judgment is reproduced hereunder :
"In the result the petitioners are entitled to get compensation
of Rs.10,76,000/- only with interest at the rate of 12% per
annum from 05.06.2018 i.e. one month after the date of
incident till realization. OP No.2, the Oriental Insurance
Company will pay the amount of compensation with
interest within 30 days from today."
[6] Mr. Biswanath Majumder, learned counsel appearing for the
appellant-insurance company contends that it is a case of murder and not a
case of any accident and, therefore, the respondents herein cannot claim
compensation on the pretext of accident. He also contended that the salary
of Rs.12,000/- which has been claimed towards monthly income of the
deceased person cannot be believed as the same is not supported by any
documentary evidence and prays to set aside the award dated 08.07.2022
passed by the learned Commissioner, Employee's Compensation, West
Tripura, Agartala in T.S(EC) No. 07 of 2018. No representation is made on
behalf of the respondents.
[7] After hearing the learned counsel for the appellant and after
perusing the order of the court below, this Court is of the considered view
that since the court below has answered all these issues while delivering the
judgment, this Court finds that it is not a case of any interference.
Accordingly, the appeal filed by the insurance company is dismissed.
Award dated 08.07.2022 passed by the learned Commissioner, Employee's
Compensation, West Tripura, Agartala in T.S(EC) No. 07 of 2018 is
confirmed.
[8] Pending application(s), if any, also stands disposed of.
CHIEF JUSTICE (ACTING)
Dipesh
