Present vs For The
2023 Latest Caselaw 224 Tri

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                        HIGH COURT OF TRIPURA
                             AGARTALA
                        MAC APP NO.19 OF 2023

Sri Babulal Sarkar
Vs.
Sri Kushan Chandra Debnath and ors.

               HON'BLE THE CHIEF JUSTICE (ACTING)

Present:
For the Appellant(s)       : Mr. T. Chakraborty, Advocate.

For the Respondent(s)      : None.


22.03.2023

                                 Order

           This instant appeal has been filed under Section 173 of

 the Motor Vehicle Act, 1988 against the Judgment and award

 dated 12.01.2023 passed by the               learned Member, Motor

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

 Case No.T.S.(MAC) No.229 of 2019 for enhancement of the

 awarded compensation.

            Facts

of the case of the case, in brief, is that on

15.04.2017 at about 6 p.m. the claimant-petitioner was going

to Teliamura from Agartala along with some other passengers

by driving the vehicle bearing registration No. TR-01-B-2812

(Mahindra Max) through Assam Agartala road keeping the left

side of the road. On the way at about 7.30 p.m. when he

reached near Baramura ECO Park, at that time, another

vehicle bearing registration No.TR-01-B-1511 (Tata Truck)

coming from the opposite direction at high speed and in a

rash and negligent manner dashed his vehicle and the

accident occurred. As a result, both vehicles were badly

damaged. Soon after the accident, the claimant petitioner and

other injured passengers were brought to the Teliamura Rural

Hospital by the local people wherefrom they were referred to

the AGMC & GBP Hospital, Agartala wherein they got admitted

to the said hospital as an indoor patients forthwith. In the

hospital on examination, it was detected that the claimant

petitioner sustained severe injuries. However, on 26.04.2017

he was discharged but he continued his treatment.

Concerning the said accident a police case was registered at

Teliamura Police Station vide Teliamura P.S. Case No.16 of

2017 under Sections 279/338 I.P.C. and police after

investigation submitted charge sheet against the driver of the

Tata Truck. The claimant petitioner in his claim petition stated

that at the time of accident, he was a driver by profession

having a monthly income of Rs.15,000/- and was 45 years old

at that time. Thus, this application is filed claiming

compensation to the tune of Rs.14,95,000/-

The case was proceed ex-parte against the opposite

party No.1(Owner of the Truck) and Respondent Noticee No.3.

The Proforma Opposite Party No.2 by filing a written

statement stating that sustaining of grievous injuries out of a

vehicular accident allegedly occurred on 15.04.2017 at about

7.30 p.m. near ECO Park at Baramura under Teliamura Police

Station is not known to the answering opposite party. In their

written statement they also stated that the age, occupation,

employment, and monthly income of the claimant petitioner is

not known to the answering opposite party. Hence, they

denied and disputed the same. In their written statement they

denied the place, date, and time of the accident and the

claimant petitioner is to prove the same by adducing

evidence. In their written statement they also stated that

regarding Police Station and the police case are matters of

record and the claimant petitioner is to prove the same by

adducing evidence and as such they denied and disputed the

same. In their written statement they further stated that the

Mahindra Max was not the offending vehicle in the said

accident and the answering opposite party has been made

party unnecessarily. In their written statement they prayed

for direction upon the claimant petitioner to furnish the

original copy of the valid policy, driving license, permit,

fitness, tax token, registration certificate etc., otherwise, the

claim petition of the claimant petitioner is liable to be

dismissed.

Based on pleadings of the parties, the following

issues were framed:-

(1) Did petitioner Shri Babulal Sarkar sustain injuries in a road traffic accident occurred on 15.04.2017 at about 7.30 p.m. near Eco Park at Baramura on Assam Agartala Road under Teliamura P.S. while he was going to Teliamura from Agartala by driving his vehicle bearing registration No. TR-01-B-2812 (Mahindra Max) along with some passengers, out of use of his aforesaid vehicle and the vehicle bearing No. TR-01-B-1511 (Tata Truck) due to rash and negligent driving by thedriver of aforesaid Truck vehicle ?

(2) Is the petitioner entitled to get compensation? If so, to what amount and who is liable to pay the same ?

(3) To what other reliefs the parties are entitled

During the hearing, the claimant petitioner

examined himself as PW.1 and proved certain documents

into evidence which were marked as Exbt.1 to Exbt.14/2.

After hearing both the parties and perusing the

evidence on record, the learned Tribunal vide Judgment and

award dated 21.01.2023 holding the present appellant

entitled to compensation and thus awarded compensation to

the tune of Rs.2,11,000/- on the following counts:-

i. Cost of attendant-12,000/-

ii. Conveyence charges- 15,000/-

iii. Cost of medicines- 23,000/-

iv. For sufferings and pain-30,000/- v. For future treatment- 20,000/-

vi. For loss of income- 90,000/-

vii. For loss of amenities of life- 20,000/-

By the said judgment, the learned Tribunal also

directed the Opposite Party No.1 to pay the said amount of

compensation together with the interest @ 7% per annum

from the date of filling of the claim petition i.e. 22.11.2019 till

the date of payment within a period of 30(thirty) days for the

date of the award.

Being aggravated with the said judgment and award

dated 12.01.2023, the appellant has filed this instant appeal

praying for the following reliefs:-

" i. Admit this appeal.

ii. Call for the records appertaining to T.S.(MAC)229 of 2019.

iii. Issue Notice upon the respondents and iv. After hearing may pleased to allow this appeal setting aside the impugned judgment and award passed by the learned Member, Motor Accident Claims, Tribunal, Agartala in T.S.(MAC)229 of 2019.

May be pleased to enchance compensation to the tune of Rs.12,84,000/- only as compensation in favour of the Appellant.

AND And other order or orders as your Lordship deem fit and proper."

Heard Mr. T. Chakraborty, learned counsel appearing

for the appellant, and perused the evidence on record in detail.

Mr. T. Chakaraborty, learned counsel submits that the

insurance company is liable to satisfy the award. However, it

would be open for the insurance company to recover such

amount from the owner by way of filing a separate proceeding

for such purpose and without considering the said submission

of the learned Tribunal imposed the liability of payment upon

the owner of the vehicle.

No insurance policy or other documents have been

submitted or exhibited by the appellant herein to substantiate

his claims and this Court after hearing the party and perusing

the evidence on record is of the opinion that the learned

Tribunal has not erred in any manner in awarding the

compensation to the appellant herein as the same is based on

the evidence. Accordingly, the judgment and award dated

12.01.2023 passed by the learned Motor Accident Claims

Tribunal Court No.1, Agartala, West Tripura, in case

No.T.S.(MAC)229 of 2019 is upheld and this instant appeal is

dismissed.

Accordingly, pending application(s), if any stands

closed.

CHIEF JUSTICE (ACTING)

suhanjit