Tripura High Court
Smt. Manju Debnath And Ors vs Sri Pankaj Malakar & Anr on 24 July, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
Mac.app 79 of 2023
Smt. Manju Debnath and Ors.
---Appellant(s)
Versus
Sri Pankaj Malakar & Anr.
---Respondent(s)
For Appellant(s) : Mr. S. Lodh, Advocate.
For Respondent(s) : Mr. S. Chakraborty, Advocate.
Date of hearing and date of
judgment and order : 24.07.2024
Whether fit for reporting : No
HON'BLE MR. JUSTICE T. AMARNATH GOUD
Judgment and Order (Oral)
Heard learned counsel for the parties.
[2] This is an appeal under Section 173 of the Motor Vehicles Act, 1988 filed
by the appellant challenging the judgment and award dated 01.03.2023 passed by the
learned Motor Accident Claims Tribunal, No.1, West Tripura, Agartala in case
No.T.S.(MAC) 01 of 2021.
[3] The appellant has prayed for the following reliefs:
(i) Admit the appeal
(ii) Call the LC record appertaining to TS (MAC) 01 of 2021 which lying before the Ld.
Member, Motor Accident Claim Tribunal Court No.1.
(iii) Issue the notice upon the opposite parties.
(iv) After hearing both the parties be pleased enough to set-aside order of the Le.
Tribunal dated 01.03.2023 and pleased enough to allow the appeal with the
substantial cost.
[4] The case of the claimant-appellants in brief is that on 23.03.2020 at about
8.30 p.m. the victim Nepal Debnath was going from his house towards his neighbour's
house at S.N. Colony on foot to attend Kali Puja festival. When he reached near the house
of Biplab Ghosh, at that time, one Motor Bike bearing Registration No. TR-01-AL-6404
coming with high speed and in a negligent manner dashed the victim Nepal Debnath on
his back side. Due to the dashing of the Motor Bike, an unfortunate accident took place
and the victim received bleeding injuries on his person. Just after the accident, the local
people and fire service personnel shifted the injured at Jirania PHC wherefrom he was
referred to theAGMC & GBP Hospital, Agartala wherein he got admitted as an indoor
patient and during the period of his treatment, he succumbed to his injuries on the same
day at about 10.20 p.m. Concerning the said accident, a police case was registered with
the Jirania Police Station vide Jirania P.S. Case No.12 of 2020 under Sections 279/304(A)
of 1.P.C. and Sections 183/184 of M.V. Act, 1988 and after investigation, the
Investigating Officer submitted Chargesheet against the rider of the Motor Bike. It is also
stated in the claim petition that the deceased was a businessman of Furniture and
Manufacturer and by this way he used to earn Rs.15,000/- per month and was 45 years old
at the time of death. Finally, the claimant-appellants claimed compensation to the tune of
Rs.26,55,000/- in total.
[5] The learned Tribunal after hearing the parties and on perusal of the material
evidence on record has observed as under:
"It is, therefore, held that the petitioners are entitled to get compensation of
Rs.19,64,000/- (Rupees Nineteen Lakh Sixty-four Thousand only) with interest @
7% per annum with effect from 04.01.2021 i.e. the date of filing of the claim
petition till the date of actual payment. The Opposite Party No.2 Liberty General
Insurance Ltd. will pay the amount of compensation with interest within 30 days
from today in terms of Section 168(3) of M.V. Act, 1988 and then to recover the
same from the O.P. no.1, Sri Pankaj Malakar, owner of the Motor Bike bearing
registration No. TR-01-AL-6404 by filing appropriate application in appropriate
forum.
Out of the awarded amount of compensation inclusive of interest, the petitioner
no.1 will get 40% and the petitioners no.2, 3 and 4 will get 20% each. Out of the
respective share of petitioners no. 1, 2, 3 and 4, 50% each of their respective
share shall be kept in fixed deposit scheme in their respective names in any
Nationalized Bank of their locality for a period of five years and the remaining
50% of their respective share shall be paid to them through their respective bank
account. The petitioners no.1, 2, 3 and 4 shall however be at liberty to withdraw
monthly interest from their respective fixed deposit to meet their day to day
expenses. No loan or withdrawal shall be permitted from/against any of the fixed
deposit certificates without prior permission of this Tribunal."
[6] Being aggrieved by and dissatisfied with the judgment and award dated
01.03.2023 passed by the learned Motor Accident Claims Tribunal, West Tripura,
Agartala in case No.T.S.(MAC) 01 of 2021, the present appeal has been preferred by the
claimant-appellants.
[7] Learned counsel for the claimant-appellants has contended before this court
that the learned Court below has assessed the monthly income of the deceased as
Rs.12,000/- being a carpenter. On course of his argument, Mr. S. Lodh, learned counsel
for the claimant-appellants has drawn the attention of this court to the salary certificate of
the deceased issued by his employer. The learned tribunal has examined the said
employer, Sri Debabrata Chakraborty where he deposed that the deceased used to work
for his firm and he used to earn Rs.15,000/- per month. Therefore, it is apparent from the
deposition of the employer of the deceased that his monthly salary was Rs.15,000/-.
Stating thus, this Court is of the view that the monthly income of the deceased should be
considered as Rs.15,000/- instead of Rs.12,000/- as assessed by the learned tribunal.
Therefore the fresh calculation for compensation would be as follows:
Monthly income = Rs.15,000/-
25% is required to be added with the said amount as future income
25% of Rs.15,000/- = Rs.3750/-
Thus monthly income comes to Rs.15,000/- + Rs.3750 = Rs.18750/-
Loss of dependency = Rs.18750 x 12 x 13 = Rs.29,25,000/-
Loss of estate= Rs.16,500/-
Funeral expenses = Rs.16,500/-
Loss of consortium = Rs.1,76,000/-
Thus, the total amount of compensation comes to Rs.31,34,000/- (Rupees
thirty one lakh thity four thousand) only.
[8] Therefore, the claimant-appellants would be entitled for compensation as
indicated above along with 7% interest per annum with effect from the date of
presentation of the claim petition till the date of actual payment. The awarded amount
shall be deposited by the insurance company within a period of one month from the date
of receipt of the copy of this order, if not already deposited. However, it is made clear that
on such deposit, the appellant-claimants are at liberty to withdraw the same
unconditionally as per procedure.
[9] With the above observation and direction, the present appeal stands partly
allowed. 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
16:41:02 +05'30'
