Tripura High Court
The Oriental Insurance Company Limited vs Sri Mohanlal Gope And Others on 20 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 4
HIGH COURT OF TRIPURA
A_G_A_R_T_A_L_A
MAC. App. No.50 of 2023
1. The Oriental Insurance Company Limited.
..... Appellant
-V E R S U S-
1. Sri Mohanlal Gope and Others.
.....Respondents.
B_E_F_O_R_E
HON'BLE MR. JUSTICE T. AMARNATH GOUD
For Appellant(s) : Mr. B. Majumder, Advocate.
For Respondent(s) : Mr. G. S. Das, Advocate.
Mr. S. Bhattacharjee, Advocate.
Mr. K. Deb, Advocate.
Whether fit for reporting : YES/NO
Judgment and order dated 20th June, 2024
JUDGMENT & ORDER [ORAL]
Heard Mr. B. Majumder, learned counsel appearing for the
appellant also heard Mr. G.S. Das, learned counsel, Mr. S. Bhattacharjee,
learned counsel and Mr. K. Deb, learned counsel appearing for the appellants.
[2] This is an appeal filed under Section-173 of the Motor Vehicle
Act, 1988 along with its up to date amendments against the impugned judgment
and award dated 09.01.2023 passed by the learned Member, Motor Accident
Claims Tribunal, Khowai Tripura, rendering in case No.T.S.(MAC) 01 of 2018.
[3] The appellant has prayed for the following reliefs:
i. Admit this appeal.
ii. Issue notice upon the respondents.
iii. Call for the records of the case from the Motor Accident Claims
Tribunal Khowai Tripura, in case No. T.S.(MAC) 01 of 2018.
iv. Stay the operation of the impugned judgment and award dated
09.01.2023, passed by the learned Member, Motor Accident Claims
Tribunal Khowai Tripura in case No. T.S.(MAC) 01 of 2018.
v. After hearing the parties at length, be pleased enough to dismiss/set
aside/quash the impugned judgment and award dated 09.01.2023, passed
by the learned Member, Motor Accident Claims Tribunal Khowai Tripura,
in case No. T.S. (MAC) 01 of 2018."
[4] The facts in brief are that the Oriental Insurance Co. Ltd. has been
impleaded in the case No. T S (MAC) 01 of 2018, as an insurer of the
offending vehicle No. TR-01-L-7323 (Bajaj Pulsar) in the claim petition
preferred by the claimant-respondent before the Ld. Motor Accident Claims
Tribunal Khowai Tripura, on account of death of the deceased Rajesh Gope in a
vehicular accident. The insurance company by filing written statement
contested the said claim petition by stating that the claimant was not entitled
any relief from the learned tribunal and the other respondents also contested the
claim proceeding by filling written statement.
[5] After completion of the pleadings as well as having heard the
argument canvassed by the respective parties, the learned tribunal, on
09.01.2023, has allowed the claim petition by passing the judgement awarding
Rs. 32,74,000/- along with interest @ 9% p.a within 60 days from the date of
passing of this award by fastening the liability in making payment of the said
compensation upon the insurance company to the claimants.
[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.32,74,000/- (rupees thirty two lakh and seventy four
thousand only) along with interest @ 9% per annum within 60 days from
the date of passing of this award.
The claimant-petitioner No.2 Smti. Malati Gope is entitled to get
compensation for an amount of Rs.32,74,000 (rupees thirty two lakh and
seventy four thousand only) only, the Oriental Insurance Company Ltd. is
to pay the award amount of compensation to the claimant petitioner with
9% interest per annum from the date of filing of the claim petition by the
claimant-petitioner till the date of payment. Out of the amount of total
compensation 50% of the awarded amount be kept in fixed deposit scheme
in any Nationalize Bank for a period of 5 (five) years and the said claimant
petitioner if desires 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
09.01.2023 passed by the learned Member, Motor Accident Claims Tribunal,
Khowai Tripura, in connection with T.S. (MAC) 01 of 2018, the present appeal
has been preferred by the appellant.
[8] The learned Court below has assessed the monthly income of
the deceased as Rs.15,000/- as a young man of 24 years and also had a
shop but, this Court following the notification dated 4 th August, 2023
framed by the High Court, wherein no income 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 on or before 31.12.2015 shall
be Rs.12,000/- and in the present case accident had taken place after
2015. 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/-. Thus, the
computation would be as follows:
(i) Income per month Rs.12,000 only.
(ii) 40% of above to be added as future prospect i.e. Rs.12,000 x 40% =
4,800/-
(iii) Total of Sl. Nos. (i) and (ii) above comes in to Rs.12,000/- + 4,800/- =
Rs. 16,800/-.
(iv) One third of Rs.16,800/- comes to Rs.5,600/-.
[9] Now, the income per month comes after deducting the
amount for personal expenses of the deceased is Rs.16,800-5,600 =
Rs.11,200/-. So the loss of dependency is Rs.11,200 x 12 x 18 =
Rs.24,19,200/-. The claimants are also entitled to compensation under
others heads viz. Funeral expenses Rs.25,000/-, loss of love and affection
to aged parents Rs.1,00,000/-, loss of estate Rs.1,00,000/- and litigation
cost Rs.25,000/- which would comes to Rs.2,50,000/-. Hence, the total
amount comes to Rs.24,19,200 + 2,50,000 = Rs.26,69,200/- instead of
Rs.32,74,000/- as awarded by the learned tribunal bleow.
[10] This Court in all matters is 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% interest as awarded by the learned tribunal below, 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 deposited. However, it is made clear that on such
deposit; the claimants are at liberty to withdraw the same unconditionally.
[11] In the light of the above, the present appeal stands partly
allowed. As a sequel, miscellaneous applications pending, if any, shall
stand closed. Draw the decree accordingly and thereafter, send down the
LCRs forthwith.
T. Amarnath Goud, J
A.Ghosh
ANJAN Digitally signed by
ANJAN GHOSH
GHOSH Date: 2024.07.01
15:51:52 +05'30'
