Tripura High Court
Cholamandalam Ms General Insurance ... vs Smti. Babita Marak And 4 Others on 20 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
A_G_A_R_T_A_L_A
MAC. App. No.54 of 2023
1. Cholamandalam MS General Insurance Company Ltd.
..... Appellant
-V E R S U S-
1. Smti. Babita Marak and 4 Others.
.....Respondents.
B_E_F_O_R_E
HON'BLE MR. JUSTICE T. AMARNATH GOUD
For Appellant(s) : Mr. R. Saha, Advocate.
For Respondent(s) : Mr. S. D. Choudhury, Advocate.
Mr. S. Datta, Advocate.
Whether fit for reporting : YES/NO
Judgment and order dated 20th June, 2024
JUDGMENT & ORDER [ORAL]
Heard Mr. R. Saha, learned counsel appearing for the appellant
also heard Mr. S. D. Choudhury, learned counsel and Mr. S. Datta, learned
counsel appearing for the respondents.
[2] This is an appeal filed under Section-173 of the Motor Vehicles
Act, 1988 read with Section-168 of the Act, filed by the appellant, the
insurance company challenging the judgment and award dated 28.06.2022
passed by the learned Motor Accident Claims Tribunal, No.5 West Tripura,
Agartala in connection with case No. T.S.(MAC) 202 OF 2017.
[3] The appellant has prayed for the following reliefs:
(i) Admit the Appeal condoning the delay of 251 days in preferring the
present appeal;
(ii) Call for the case records from the Learned Motor Accident Claims
Tribunal, No. 1, West Tripura, Agartala, in Case No. T.S. (MAC) 202 of
2017, West Tripura, Agartala.
(iii) After hearing the parties be pleased enough to set aside/ quash and
modify the impugned judgement and award dated 28.06.2022, passed by
the Learned Tribunal below and may be kind enough to pass an
appropriate order in terms of the law laid down by the Hon'ble Apex Court
by passing the various judgments in this regard, for the fair ends of justice.
(iv) Pending disposal of the present appeal, stay the operation of the
impugned judgment and Award dated 28.06.2022 in Case No. T.S. (MAC)
202 of 2017, passed by the Learned Motor Accident Claims Tribunal, No.
5, West Tripura, Agartala"
[4] The claimant respondents in the present appeal had instituted a
claim suit under the Motor Vehicles Act, before the Ld. MAC Tribunal, West
Tripura, Agartala alleging that on 19.05.2017 Satya Marak met with a road
traffic accident due to which he died.
[5] The present appellant had appeared in the said suit and contested
the suit. After full-fledged trial of the suit and hearing the arguments advanced
by all the parties, the Ld. Tribunal below passed the award dated 28.06.2022
whereby and where under a sum of Rs. 23,16,304/- (Rupees Twenty Three
Lakh Sixteen Thousand Three hundred Four only) has been awarded as
compensation for death of the deceased in the aforesaid road traffic accident.
[6] The learned Tribunal after hearing the parties and on perusal of
the material evidence on record has observed as under:
"The Noticee No.1., The Divisional Manager, Cholamandalam General
Insurance Co. Ltd is directed to deposit the awarded compensation of
Rs.23,16,304/-. (Rupees Twenty three lakhs sixteen thousand three
hundred four) only within 30 days from today with interest thereon at the
rate of 8% per annum with effect from date of filing of the claim
application i.e., from 24.10.2017 to till realization of the full.
Distribution of Compensation
The claimant No.1 being widow is entitled to get 60% of the compensation
and claimant No.2 is entitled to the rest compensation.
Protection Awarded Compensation
As claimant No.2 is minor the full amount of him is to be fixed deposited
for the period till he attain 21 years or for five years whichever is later.
Sixty percent (60%) of the amount of compensation of claimant No.1 is to
be fixed deposited for five years and the rest amount is to be released in
her favour in her bank account.
In case of necessity, the tribunal can be approached for withdrawal of fixed
deposited amount. On maturity of the fixed depositis the Banker shall
credit the amounts to the sole SB Accounts of claimants without any
further order from the tribunal."
[7] Having been aggrieved by and dissatisfied with the aforesaid
impugned judgment and award dated 28.06.2022, passed by the learned tribunal
below, the present appeal has been preferred by the appellant.
[8] It is seen from the award that the Court below has given a specific
finding with regard to the fastening of liability on the OP Nos.1 and 2 and at the
same time, the Court observed that the compensation to be paid and recover as
revealed from the findings of the Court below thus: "....In my opinion, the
insurance company-the Noticee No.1 can be directed to pay compensation to
the claimants at the first instance and recover the same from OP No.1, the
owner by applying the principle of pay and recovery even though the
registration certificate, driving licence, road permit and fitness certificate are
not produced. 20. Specifically, I am of the view that in absence of registration
certificate, the insurance company can be directed to pay compensation and
recover the same from owner...." The operational portion of the award, the pay
recovery portion is missing, though the appellant-insurance company could
have approached the Court below under Sections-152 and 151 of CPC seeking
correction of the order in view of the omission occurred in the order and the
present appeal is filed & at this stage, considering the cases under the Motor
Vehicles Act as a beneficial legislation and remanding the matter back to the
Court below, this Court considers the same and accordingly modifies the order
as per reasons indicated in the order i.e. pay and recovery. Insofar as the
interest part 8% which is fixed this Court is following the uniform imposing of
interest @7.5% in all the matters and accordingly, the same is reduced as the
counsel has pleaded the same. The awarded amount be deposited in the Court
within one month from today and on such deposit, the claimants are at liberty to
withdraw the same unconditionally, as per procedure.
[9] 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
15:53:37 +05'30'
