Tripura High Court
The Branch Manager vs Sri Mihir Nath And Ors on 21 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
Mac.app 102 of 2023
The Branch Manager,
The Oriental Insurance Company Ltd.
---Appellant(s)
Versus
Sri Mihir Nath and Ors.
---Respondent(s)
For Appellant(s) : Mr. B. Majumder, Advocate.
For Respondent(s) : Mr. S. Bhattacharjee, Advocate.
Date of hearing and date of
judgment and order : 21.06.2024
Whether fit for reporting : No
HON'BLE MR. JUSTICE T. AMARNATH GOUD
Judgment and Order (Oral)
Heard Mr. P. Gautam, learned counsel for the appellant also heard Mr. D.
Paul, learned counsel for the respondents.
[2] This is an appeal under Section 173 of the Motor Vehicles Act, 1988, along
with its up to date amendments against the impugned judgment and award dated
10.05.2023 passed by the Ld. Member, Motor Accident Claims Tribunal No.2, North
Tripura, Dharmanagar rendering case No. TS(MAC) 29 of 2019 accordingly.
[3] The appellant has prayed for the following reliefs:
(i) Admit this appeal;
(ii) Issue notice upon the respondents;
(iii) Call for records of the case from the Motor Accident Claims Tribunal, No.2, North
Tripura, Dharmanagar in case No.TS (MAC) 29 of 2019.
(iv) Stay the operation of the impugned judgment and award dated 10.05.2023 passed by
the Ld. Member Motor Accident Claims Tribunal No.2, North Tripura, Dharmanagar
in Case No. TS (MAC) 29 of 2019.
(v) After hearing the parties at length, be pleased enough to dismiss/set aside/ quash the
impugned judgment and award dated 10.05.2023 passed by the Ld. Member, Motor
Accident Claims Tribunal No.2 North Tripura, Dharmanagar in case No.T.S. (MAC)
29 of 2019
(vi) And/or pass any other appropriate order/orders, direction/directions as your lordship
may deem fit and proper.
[4] The brief fact of the claimant's case is that on 15.02.2018 at about 10.15 am
deceased Ajanta Debnath was going to her school namely Hemsukla S.B. School as
pillion rider by a bike TR-02-C-6461 being riding by OP No.1, Sri Narayan Nath and
when reached at Gopalpur, Kanchanpur-Laljuri road, the said bike met with an accident
due to rash and negligent driving. Deceased sustained injury and was taken to
Kanchanpur Sub-divisional hospital. As condition of deceased was serious it was decided
to shift decease to Silchar and on the way deceased died. OP No.1 being owner cum rider
of bike filed false FIR stating that accident occurred due to rash and negligent driving of a
white Maruti Alto. At the time of death decease was 44 years old and was assistant
teacher of Hemsukla S.B. School and her monthly salary was Rs.27,700/- and deceased
left claimants as her legal heirs.
[5] The learned Tribunal after hearing the parties and on perusal of the material
evidence on record has observed as under:
"The OP No.2, The Oriental Insurance Company Limited is directed to
deposit the awarded compensation of Rs.41,54,448/- (Rupees Fourty One Lakh
Fifty Four Thousand and Four Hundred Fourty Eight) 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 19.07.2019 to till realization of the full.
Distribution of Compensation
Claimant No.1, 2 and 3 being husband, daughter and son each are entitled to get
compensation equally.
Protection Awarded Compensation
Fifty percent (50%) 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 his
favour in his bank account. As claimant No.2 and 3 are minor their whole amount
are to be deposited for fixed period till they attaining majority.
In case of necessity, the Tribunal can be approached for withdrawal of
fixed deposited amount. On maturity of the fixed deposits the Banker shall credit
the amounts to the sole SB Accounts of claimants without any further order from
the Tribunal."
[6] Being aggrieved by and dissatisfied with the judgment and award dated
10.05.2023 passed in connection with T.S.(MAC) 29 of 2019 by the learned Member,
Motor Accident Claims Tribunal No.2, North Tripura, Dharmanagar, the present appeal
has been preferred by the appellant.
[7] After perusal of the record, it appears to this court that the deceased used to
earn Rs.27503/- per month as she was an Assistant Teacher by profession. Thus monthly
income of the deceased is treated as Rs.27503/-. She was an earning lady and was taking
proper care of the expenses of her family. In her absence, this would become really
difficult for the family to sustain a free flowing life without financial support. This court
feels that losing a member who earns for a family can compel its members to see the
hardships of life. Therefore, the compensation as awarded by the learned tribunal below is
apt for the claimants.
[8] In view of the overall analysis made by the learned tribunal below and after
going through the material evidence in its entirety, this Court is of the view that the
assessment of compensation as awarded by the learned tribunal below is just and proper
and needs no interference thus, the findings as arrived by the learned tribunal below
stands affirmed. Consequently, the present appeal stands dismissed. As a sequel,
miscellaneous applications pending, if any, shall stand closed. Draw the decree
accordingly and thereafter, send down the LCRs forthwith.
JUDGE
Dipak
DIPAK Digitally signed by
DIPAK DAS
DAS Date: 2024.06.29
13:04:50 +05'30'
