Tripura High Court
The Divisional Manager vs Sri Swapan Debnath And Ors on 20 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
MAC. APP. NO.17 OF 2023
The Divisional Manager, Shriram General Insurance Co.Ltd.
......Appellant(s)
Versus
Sri Swapan Debnath and ors.
.......Respondent(s)
For the Petitioner(s) : Mr. P.K. Ghosh, Advocate.
For the Respondent(s) : Mr. R. Datta, Advocate.
Mr. A. Gon Chaudhury, Advocate.
Mr. K. Pandey, Advocate.
Date of hearing and delivery of
Judgment & Order : 20.06.2024
Whether fit for reporting : YES/NO.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
J U D G M E N T & O R D E R(ORAL)
This present application has been filed under section 173 of
the Motor Vehicles Act, 1988 against the Judgment and Award dated
06.07.2022 passed in Case No. T.S (MAC) 159/2015 by the learned Motor
Accident Claims Tribunal, Tribunal No.2, West Tripura, Agartala awarding
Rs. 13,70,546/-( Rupees Thirteen Lacs seventy thousand five hundred
forty six) only against the Appellant- Noticee, Shriram General Insurance
Company Ltd with 9% simple interest per annum from the date of filing of
the claim petition i.e. from 23.06.2015 till realization. The said T.S.(MAC)
159/2015 arose out of crime No.2015 JRN 004 under Sections 279/338
IPC read with Section 187 of the MV Act.
2. The learned Tribunal below as against the claim of
Rs.13,70,546/- passed the award in favour of the claimant in terms of
Rs.9,00,000/- towards the cost of treatment, Rs.1,00,000/- towards pain
and suffering, Rs.2,00,000/- was awarded for transportation as well as
food and lodging purpose, Rs.5,000/- towards litigation cost, Rs.40,000/-
towards the cost of medical attendant, a sum of Rs.1,00,000/- towards
further treatment and Rs.2,00,000/- was awarded toward the loss of
working capability. The operative portion of the Order of the learned
Tribunal is as follows:-
"ORDER
In the result, claim is awarded in following terms :-
Claimant petitioner is entitled to get the award of Rs. 13,70,546/-(Rupees
thirteen lacs seventy thousand five hundred forty six) only with 9% Simple
interest per annum thereon from the date of registration of claim i.e, w.e.f.
23.06.2015 tili the date of realization thereof.
The Noticee Sriram General Insurance Co. Ltd., insurer of the offending
vehicle bearing registration No.TR-01-M-1890 shall, within 30 days of the
date of this award, deposit the entire amount as awarded, in favour of the
Motor Accident Claims Tribunal, West Tripura, Agartala.
Supply a copy of this award free of cost to the parties by not later than 15
days from the date of the award.
The case stands disposed off on contest."
3. Aggrieved by the said reward, this present appeal has been
preferred by the appellant-noticee Insurance Company.
4. Heard Mr. P.K. Ghosh, learned counsel appearing for the
appellant-Insurance Company as well as Mr. R. Datta, learned counsel
assisted by Mr. K. Pandey, learned counsel appearing for respondent No.1
and Mr. A. Gon Chaudhury, learned counsel appearing for respondent
No.3.
5. Mr. P.K. Ghosh, learned counsel appearing for the appellant-
Insurance Company submits that the award passed by the learned
Tribunal is on the higher side and the interest of 9% per annum is
excessive as the same is not on terms with the norms followed by this
Court.
6. Heard and perused the evidence on record.
7. This Court finds force in the submission of the learned counsel
appearing for the appellant-Insurance Company that the interest of 9%
per annum is on the higher side. Accordingly, as agreed upon by both the
parties, it is reduced to 7.5% interest per annum in terms of the norms
followed by this Court. The other portion of the awarded amount shall
remain untouched as this Court is of the view that the same is just and
proper reflects a thorough and impartial consideration of the facts and
legal principal involved by the learned Tribunal below.
8. Accordingly, the awarded amount shall be deposited by the
appellant-Insurance Company within a period of 1(one) month from today
as per procedure. On depositing the same, the claimants are at liberty to
withdraw it unconditionally as per the procedure.
9. Hence this present appeal is allowed to the extent indicated
above. 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: 2024.06.25
SINGHA 15:53:49 +05'30'
