The Oriental Insurance Company ... vs Smt. Shilpi Sharma And Ors
2023 Latest Caselaw 858 Tri

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                       HIGH COURT OF TRIPURA
                              AGARTALA
                        MAC APP NO.29 OF 2023

      The Oriental Insurance Company Ltd.
                                               ......... Appellant(s)
                     Vs.

      Smt. Shilpi Sharma and ors.

                                           ........Respondent(s)

For the Appellant(s) : Mr. Biswanath Majumder, Advocate.

For the Respondent(s) : None.

Date of hearing and delivery of Judgment & Order : 11.10.2023.

Whether fit for reporting : YES/NO.

HON'BLE MR JUSTICE T. AMARNATH GOUD

JUDGMENT AND ORDER(ORAL)

This present appeal has been filed under Section 173

of the Motor Vehicles Act, 1988 along with its up-to-date

amendments against the impugned judgment and award dated

05.08.2022 passed by the learned Member, Motor Accident Claim

Tribunal, Court No.4, West Tripura, Agartala rendered in case

No.T.S.(MAC) No.48 of 2019.

2. The brief fact of this case is that the appellant herein

i.e., Oriental Insurance Company Ltd. has been impleaded in case

No.T.S.(MAC)48 of 2019, as an insurer of the offending vehicle

No.TR-01-G-1889(Truck) in the claim petition preferred by the

claimant-respondents before the learned Motor Accident Claims

Tribunal Court No.4, West Tripura, Agartala on account of the

death of the victim i.e., Nirmal Goswami in a vehicular accident.

3. The Insurance Company by filing a written statement

contested the said claim petition by stating that the claimants were

not entitled to any relief from the learned Tribunal and other

respondents. The other respondents also contested the claim

proceeding by filing a written statement.

4. After completion of the pleadings as well as having

heard the arguments canvassed by the respective parties, the

learned Tribunal, on 05.08.2022 has allowed the claim petition by

awarding Rs.36,74,944/- along with interest @ 9% from the date

of presentation of claimant petition i.e., on 07.03.2019 till

payment, by fastening the liability for payment of the said

compensation upon the appellant-Insurance Company herein.

5. Being aggrieved by the said award dated 05.09.2022,

the appellant-Insurance Company has filed this present appeal

seeking the following reliefs:-

" i. Admit this appeal.

ii. Issue Notice upon the Respondents.

iii. Call for the records of the case from the Ld. Member, Motor Accident Claims Tribunal, Court No.4, West Tripura, Agartala in Case No.T.S.(MAC)48 of 2019.

iv. Stay the operation of the impugned Judgment and award dated 05.08.2022, passed by the Ld.Member, Motor Accident Claims Tribunal, Court No.4, West Tripura, Agartala in Case No.T.S.(MAC)48 of 2019.

v. After hearing the parties at length, be pleased enough to dismiss/set aside/quash the impugned judgment dated 05.08.2022, passed by the Ld. Member, Motor Accident Claims Tribunal, Court No.4, West Tripura, Agartala in Case No.T.S.(MAC)48 of 2019.

vi. And/or pass any other appropriate order/orders, direction/directions as your lordship may deem fit and proper."

6. Heard Mr. B. Majumder, learned counsel appearing

for the appellant. None appears for the respondents.

7. Mr. B. Majumder, learned counsel appearing for the

appellant submits that there was a direct collision between the two

vehicles i.e., Alto Car bearing No.TR-02-E-0231 and the Truck

bearing No.TR-01-G-1889 but neither the owner, the driver, nor

the insurer of the Alto Car has been made party in this claim

proceeding. So, the claim proceeding suffers from non-joinder/

mis-joinder of necessary parties. The owner of the offending

vehicle which was made a party to this case deposed that he did

not know the date and time of the accident and also who drove the

vehicle. Even though driver has been made party to his case but

he did not turn up to contest the same. The learned Tribunal below

has perversely determined the monthly income of the deceased at

Rs.25,000/- only per month, at the time of the accident. The

Tribunal below while awarding the amount has fixed rate of

interest @ 9% per annum from the date of presentation of the

claimant petition i.e., on 07.03.2019 till payment, which is on the

higher side.

8. Heard and perused the evidence on record.

9. The learned Tribunal while passing the award dated

05.08.2022 has properly appreciated all the evidence. While

determining the monthly income of the deceased, the learned

Tribunal took into the record the evidence, from which, it is

established that the deceased used to own a garment

shop/establishment styled as "Goswami Bastrlaya". This Court is

satisfied with the findings and evidence laid down by the learned

Tribunal below while assessing the income of the deceased at

Rs.25,000/- per month and the same is not interfered with.

10. The learned Tribunal below, after corroborating the

evidence of PW-1 and also in terms of exbt-1 i.e. certified copies of

the FIR, ejahar and seizure list, exbt-2, series i.e., the charge-

sheet and exbt-3, series i.e., the post mortem report of the

deceased has established the fact that the victim-deceased died

due to the rash and negligent driving of the truck bearing

No.TR.01.-G-1889 by its driver on 25.02.2018.

11. Now the only point that falls for consideration before

this Court is whether fixing the rate of interest @ 9% per annum

while passing the award is on the higher side or not. According to

this Court, considering the present rate of interest, awarding

interest @ 9% per annum on the awarded amount seems to be

excessive. As such keeping in par with the rate of interest leveled

on other similarly situated award which was adjudicated by this

Court, 7.5% rate of interest per annum is fixed on the awarded

amount.

12. Accordingly, this present appeal is allowed to the

extent indicated above. The rest of the award dated 05.08.2022 is

confirmed and the same is not interfered with.

13. The appellant-Insurance Company shall deposit the

compensation amount within a period of 2(two) months from

today. On such deposit, the respondent-claimants are at liberty to

withdraw the same as per procedure unconditionally.

14. As a sequel, stay if any stands vacated. Pending

application(s), if any also stands closed.

JUDGE

suhanjit

RAJKUMAR Digitally RAJKUMAR signed by

SUHANJIT SUHANJIT SINGHA Date: 2023.10.13 SINGHA 14:26:30 +05'30'