Tripura High Court
The Oriental Insurance Company Ltd And ... vs Smt. Gita Rani Das And Ors on 22 July, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
MAC.App 93 of 2023
The Oriental Insurance Company Ltd and Anr.
---Appellant(s)
Versus
Smt. Gita Rani Das and Ors.
---Respondent(s)
For Appellant(s) : Mr. B.Majumder, Advocate.
Mr. P. Debbarma, Advocate.
For Respondent(s) : Mr. D. Debnath, Advocate.
Mr. A. Acharjee, Advocate.
Date of hearing and date of
judgment and order : 22.07.2024
Whether fit for reporting : Yes.
Along with Mac.App 111 of 2023
Smt. Gita Rani Das and 3 Ors.
---Appellant(s)
Versus
Sri Abhijit Debbarma and 02 Ors
---Respondent(s)
For Appellant(s) : Mr. A. Acharjee, Advocate.
Mr. S. Sarkar, Advocate.
For Respondent(s) : Mr. D. Debnath, Advocate
Mr. S. Pal, Advocate.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
Judgment & Order (Oral)
Heard learned counsel for the parties.
[2] Since these matters pertain to the similar facts and circumstances, these
appeals have been clubbed together for passing of common judgment and order.
[3] An 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 31.05.2023 passed by the Ld. Member, Motor Accident Claims Tribunal, Khowai
Tripura, Khowai rendering case No. TS(MAC) 18 of 2020 accordingly.
[4] The appellant has prayed for the following reliefs:
(i) Admit this appeal;
(ii) Issue notice upon the respondents;
(iii) Call for records of the case from the Motor Accident Claims Tribunal, Khowai
Tripura, in case No.TS (MAC) 18 of 2020.
(iv) Stay the operation of the impugned judgment and award dated 31.05.2023 passed by
the Ld. Member Motor Accident Claims Tribunal, Khowai Tripura, in Case No. TS
(MAC) 18 of 2020.
(v) After hearing the parties at length, be pleased enough to dismiss/set aside/ quash the
impugned judgment and award dated 31.05.2023 passed by the Ld. Member, Motor
Accident Claims Tribunal, Khowai Tripura, in case No.T.S. (MAC) 18 of 2020.
(vi) And/or pass any other appropriate order/orders, direction/directions as your lordship
may deem fit and proper.
[5] Briefly stated the case of the claimants is that on 03.02.2020 at about 08.00
p.m. deceased Bishnu Das was proceeding towards his house at Chakmaghat from
Teliamura Bazar by riding his by-cycle. When he reached Chakmaghat near TSR camp on
the Assam-Agartala National High way, under Teliamura PS. Khowai, Tripura, at that
time the offending vehicle bearing Reg No. TR-01-V-0476 (Spark) coming from opposite
direction with high speed dashed him. As a result of which he fell down on the road and
sustained grievous bleeding injuries on his person and the said by-cycle was fully
damaged. Thereafter, local people shifted him to Teliamura hospital wherefrom he was
referred to AGMC & GBP hospital and during his treatment on 08.02.2020 he died in the
said hospital. According to the claimants at the time of accident the deceased was 50
years old. He used to earn Rs. 30,000/- per month and he survived by his wife and
children. A criminal case has been registered for the said accident in Teliamura PS vide
Teliamura PS Case No. 14/2020. U/s. 279/304 (Part-II) of IPC read with Section 184/187
of MV Act. The matter was subsequently contested before the learned tribunal below.
[6] The learned Tribunal after hearing the parties and on perusal of the material
evidence on record has observed as under:
Being the insurer of the offending vehicle, the OP No.3, the Oriental Insurance
Company Ltd (OP No.03) is to pay the awarded compensation amount of
Rs.23,00,000/- (rupees twenty three lakh) only along with interest @9%
perannum within 60 days from the date of passing of this award.
The claimant-petitioner No.1 Smt. Gita Rani Das, the wife of the deceased is
entitled to get compensation for an amount of Rs.11,50,000/- (rupees eleven lakh
fifty thousand) only and the claimant-petitioner No.4, Smt. Milan Das, the mother
of the deceased is also entitled to get an amount of Rs.11,50,000/- (rupees eleven
lakh fifty thousand) only and the OP No.3, the Oriental Insurance Company Ltd.
is to pay the awarded amount of compensation to the claimant petitioners with
9% interest perannum from the date of filing of the claim petition by the claimant-
Clerk petitioners till the date of payment. Out of the amount of total Section-
compensation 50% of the awarded amount be kept in fixed deposit scheme in any
Nationalized Bank for a period of 5 (five) years and the said claimant petitioners
if desire will be at liberty to draw the monthly interest to be accrued from the fix
deposit scheme."
[7] Being aggrieved by and dissatisfied with the judgment and award dated
31.05.2023 passed in case No. TS(MAC) 18 of 2020 by the Ld. Member, Motor Accident
Claims Tribunal, Khowai Tripura, the present appeal has been preferred by the appellant-
insurance company.
[8] On the other hand, Mr. A. Acharjee, learned counsel appearing for the
claimants contended before this court that the compensation as awarded by the learned
tribunal below is on the lesser side and he has prayed for enhancing the said amount by
way of interfering with the impugned judgment and award.
[9] The learned Court below has assessed the monthly income of the deceased
as Rs.15,000/- being a sub-contractor. But this Court following the notification dated 4th
August, 2023 framed by the High Court, wherein no income of proof of the
injured/deceased issued by the competent authority is submitted, notional wages for
determination of compensation in the claim cases/appeals involving accidents which has
taken place after 31.12.2015 shall be Rs.12,000/- for a skilled worker and in the present
case accident had taken place in 2020. After taking consent from both sides and as per
schedule of the notification of this Court, the income of the deceased is considered as
Rs.12,000/-. Hence, Rs.15,000/- is reduced to Rs.12,000/-. As per the judgment passed by
the Hon'ble Supreme Court of India in National Insurance Company Ltd vs Pranay
Sethi & Ors an addition of 10% of the income should be added towards future prospects.
Thus the computation would be as follows:
(i) Income per month Rs.12,000 only + 10% of the income towards future prospect
Rs.1200/- = Rs.13200
(ii) One third of Rs.13200/- = Rs.4400/-
[10] The income per month comes after deducting the amount for personal
expenses of the deceased is Rs.13200/- - Rs.4400 = Rs.8800. So, the loss of dependency
is Rs.8800 x 12 x 13 = Rs.13,72,800/- (Rupees thirteen lakh seventy two thousand eight
hundred) only.
[11] This Court considers the submission as advanced by the counsel for the
appellant that the learned tribunal below has excessively awarded compensation under
various heads and those need to be reduced to meet proper ends of justice. He further
contended that compensation awarded under the head of litigation costs be omitted.
Therefore compensation as awarded by the learned tribunal below under the head of
funeral expenses (Rs.25,000/-), loss of love and affection to aged parents (Rs.1,00,000/-) ,
is reduced to the tune as mentioned below:
Head Amount
Funeral Expenses (Rs.15000+10%) Rs.16,500/-
Loss of consortium Rs.1,00,000/-
Loss of love and affection to aged Rs.44,000/-
parents (Rs.40,000+10%)
Loss of estate Rs.15,000/-
Total Rs.1,75,500/-
[12] Hence, the total amount comes to Rs.13,72,800/- + Rs.1,75,500/- =
Rs.15,48,300/- (Rupees fifteen lakhs forty eight thousand three hundred) only.
[13] This Court in all matters fixing 7.5% interest and to maintain uniformity
while comparing the bank rate of interest which is also much less. Consequently, the
claimants would be entitled compensation as indicated above along with 7.5% interest per
annum instead of 9% as awarded by the learned tribunal below, with effect from the date
of presentation of the claim petition till the date of actual payment. However, it is made
clear that on such deposit, the claimants are at liberty to withdraw the same
unconditionally as per procedure.
[14] Now coming to the issue of fastening of liability of the said compensation
amount, this Court is of the strong view that insurance company cannot be fastened with
liability since the officer concerned who are performing the duties and are expected to
attend court proceedings are accountable. It is seen from the record that despite giving
adequate opportunity there was no representation from insurance company officials for
entering into the witness box (dock) and to depose before the tribunal. The insurance
company officials are expected to appear before court in all matters where public money
is involved and to assist court in the light of the settled principles of law by the Hon'ble
Supreme Court of India. No doubt, the compensation that would be awarded is for
beneficiaries under the beneficial legislation. But keeping in view the unprofessional act
committed by the insurance company officials, the compensation should be paid by the
concerned officials of the insurance company. At this juncture, they cannot move away
from their responsibility burdening the policy holders by enhancing the premium on year
to year basis and disbursing huge amounts of compensation to the claimants at large and
drive insurance company to face loss. This act of the insurance company officials is held
responsible for draining away the public money by not performing their duty diligently
and also not attending the court proceedings to assist judiciary when it is mostly required
to ventilate the true facts of the case as per their records.
[15] Hence, this court finds fault with the action of the officials of insurance
company for not appearing before the respective court and lead evidence which is their
part of duty for which they are drawing huge salary and other incentives. For their
inaction, the insurance company cannot be burdened to pay the compensation. It is high
time that is seen that but for non-cooperation of the officers of the insurance company on
the material available the cases are being decided. This court is of the opinion that the
insurance company cannot be fastened with the liability of paying the compensation for
the negligence of its erred officers. Hence, liability is fastened on all the erred officers of
the insurance company who are directly or indirectly involved with the present case and
the said compensation of Rs.15,48,300/- (Rupees fifteen lakhs forty eight thousand three
hundred) only be recovered from them by the Insurance Company and the same shall be
deposited by the insurance company with registry of High Court of Tripura as early as
possible preferably within a period of three months from today, if not paid already.
However, it is made clear that on such deposit, the claimants are at liberty to withdraw the
same unconditionally as per procedure.
[16] In the conclusion, both these appeal stand disposed of with the observation
and direction as indicated above. As a sequel miscellaneous applications pending, if any,
shall stand closed. Registry to do the needful as per procedure. Send down the LCRs
forthwith.
JUDGE
Dipak
DIPAK DAS DIPAK DAS
Date: 2024.07.26
16:35:24 +05'30'
