Tripura High Court
The Oriental Insurance Company Ltd vs Smt. Manju Gour(Debnath) And Ors on 21 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
MAC APP NO.72 OF 2023
The Oriental Insurance Company Ltd.
......Appellant(s)
Versus
Smt. Manju Gour(Debnath) and ors.
.......Respondent(s)
For the Petitioner(s) : Mr. B. Majumder, Advocate.
For the Respondent(s) : Mr. D.C. Saha, Advocate.
Date of hearing and delivery of
Judgment & Order : 21.06.2024
Whether fit for reporting : NO.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
J U D G M E N T & O R D E R(ORAL)
This present appeal has been filed under Section 173 of the
Motor Vehicles Act, 1988 against the impugned Judgment and award
dated 20.02.2023 passed by the learned Member, Motor Accident Claims
Tribunal, Kamalpur Dhalai Judicial District in case No.T.S.(Motor
Accident)02 of 2019. By filing the title suit, the claimants-respondents
claimed compensation of Rs.36,05,000/- only on account of the death of
the deceased Rabindra Debnath in a vehicular accident. Regarding the
said incident, the police registered a case vide No.KMP/061 of 2019 under
Sections 279/338/304-A of IPC and Section 184 of MV Act.
2. The learned Tribunal after hearing the parties vide
Judgment dated 20.02.2023 disposed of the claim application in the
following manner:-
"ORDERED
16. In the result, it is ordered that OP No.3 i.e. The Oriental Insurance Company Ltd. shall
pay the compensation of Rs. 22,76,600/- (Rupees Twenty two lakh seventy six thousand
six hundred) with interest @ 8% per annum from the date of filing of this petition i.e.
29.11.2019 within 30 days of passing of award, in default, the OP No.3 shall be liable to
pay interest at the rate of 10% per annum on amount of award from the date of expiry of
30(thirty) days from this day till the date of payment.
17. A sum of Rs 22,76,600/-(Rupees tewnty two lakhs seventy six thousand and six
hundred )only is awarded in favour of claimant no 1,2 and 3 namely smti Manju Gour
(Debnath), Mis Meghna Debnath and Smt. Basanti Debnath in equal share. 50% of the
share of each of claimants petitioners no 1 and 3 in the award be invested by purchasing
separate fixed deposit certificate from any nationalized bank at least for the next 5 years
and no loan or advances or premature withdrawal shall be allowed without prior
permission of the Tribunal. However, the claimants petitioners shall have the liberty to
withdraw the monthly interest there from. The share of minor petitioner no- 2 shall be
kept in fixed deposit scheme in her name in any Nationalized Bank till she attain majority
i.e. 21 years of age. 50% of fixed deposit of minor shall again refixed for further 5 year in
any Nationalized Bank after attaining her majority. No premature withdrawal or loan shall
be permitted without prior permission of tribunal. The claimant petitioner no-1 shall be at
liberty to withdraw monthly interest from fixed deposit account of minor claimant
petitioner no-2 and to utilize the same for her proper upbringing.
18. The case is thus disposed of on contest.
19. Enter the result in the relevant register.
20. Furnish copy of award free of cost to the parties.
3. Being aggrieved with the aforesaid impugned Judgment
and Award dated 20.02.2023, the Insurance Company being the
appellant herein preferred this instant appeal.
4. Heard Mr. B. Majumder, learned counsel appearing for
the appellant-Insurance Company as well as Mr. D.C. Saha, learned
counsel appearing for the respondents.
5. Mr. B. Majumder, learned counsel appearing for the
appellant-Insurance Company submitted that the learned Tribunal
wrongly awarded Rs.1,20,000/- in favour of the parent of the
deceased under the head of loss of consortium. Further learned
Tribunal erroneously awarded interest on the amount of
compensation @ 8% per annum, in default future interest @ 10%
per annum which is on the higher side.
6. On the other hand, Mr. D.C. Roy, learned counsel
appearing for the claimant-respondents submits that the parent of
the deceased is entitled to an award under the head of loss of
consortium as enumeration in the Judgment of the Supreme Court
reported in (2018) 18 SCC 130 titled as Magma General
Insurance Company Ltd. Vs. Nanu Ram alias Chuhru Ram and
ors.
7. Heard and perused the evidence on record.
8. The learned Tribunal has awarded compensation @
Rs.40,000/- each under the head of Loss of consortium to all the
3(three) claimants i.e. a) Loss of spouse consortium- Rs. 40,000/-, b)
Loss of parental consortium- Rs. 40,000/-, c) Loss of children consortium-
Rs. 40,000/-. Total Rs.1,20,000/-. This Court is of the opinion that in
terms of the principle laid down in Magma General Insurance
Company Ltd. Vs. Nanu Ram alias Chuhru Ram and
ors(supra), the same is just and proper. However, this Court is of
the opinion that the default future interest @ 10% per annum as
given by the learned Tribunal is on the higher side as such the same
is reduced to 8% per annum. The other aspect of the award as
given by the learned Tribunal below shall remain unchanged.
9. It is represented by the Mr. B. Majumder, learned
counsel appearing for the appellant-Insurance Company that in
terms of the award of the learned Tribunal, 50% of the same has
already been deposited before the Court. In view of the said
submission, this Court grants one more month i.e., 30 days from
today for depositing the remaining awarded amount granted by the
learned Tribunal @8 per cent per annum.
10. With the above observation and direction, this
present appeal is partly 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: 2024.06.29
SINGHA 15:08:36 +05'30'
