Tripura High Court
National Insurance Co.Ltd vs Smt. Laxmi Rani Paul (Deb Roy) And Ors on 21 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
Mac.app 103 of 2023
National Insurance Co.Ltd.
Represented by the Divisional Manager
---Appellant(s)
Versus
Smt. Laxmi Rani Paul (Deb Roy) and Ors
---Respondent(s)
For Appellant(s) : Mr. R. Saha, 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. R. Saha, learned counsel for the appellant also heard Mr. S.
Bhattacharjee, learned counsel for the respondents.
[2] This is an appeal against the impugned award dated 02.06.2023 passed by
the Ld. Motor Accident Claims Tribunal, in T.S. (MAC) 14 of 2017 whereby the Ld.
Tribunal below has most illegally and arbitrarily awarded compensation of Rs.30,38,000/-
(Rupees Thirty lacs and thirty thousands) only along with interest 9 % per annum from
the date of filing this claim petition till the date of realization.
[3] The appellant has prayed for the following reliefs:
(i) Admit the appeal;
(ii) Call for the case records from the Learned Tribunal below:
(iii) Issue notice upon the respondents;
(iv) After hearing the parties would further be pleased enough to quash/set aside the
impugned award dated 02.06.2023 passed by the Ld.Motor Accidents Claims
Tribunal in TS(MAC) 14/2017 whereby the Ld. Tribunal below has most illegally and
arbitrarily awarded compensation of Rs.30,38,000/- (Rupees Thirty lacs and thirty
thousands) only along with interest 9% per annum from the date of filing this claim
petition till the date of realization, to the claimant respondents to be paid by the OP
No.2 Appellant within 60 days from the date of passing of this award and further be
pleased enough to stay the operation of the impugned award till final disposal of the
appeal, otherwise the appellant would be highly prejudiced.
[4] Briefly stated the case of the claimant-respondents is that on 18.07.2016 at
about 10.30 p.m. Manish Deb Roy (now deceased) was going to enjoy Kharchi Mela from
his rented house at NIT boarding in a scooty bearing Regn No. TR- 01-W-5375 as a
pillion rider along with his friend and when they reached at Ranir Bazar, Kawaban with
heavy speed then one Maruti Van crossed the way, the rider lost his control over the
scooty and due to said reason they fell down nearby road side. As a result, Manish Deb
Roy received serious injury on his person. Immediately after the accident he was shifted
to AGMC & GBP Hospital, Agartala by the help of local people where he was declared
broad dead. The plea of the claimant-petitioners is also that the accident occurred due to
rash and negligent riding by the rider of the offending scooty bearing Regn No. TR-01-
W-5375. According to the claimant-respondents at the time of accident the deceased was
33 years old. He used to earn Rs. 20,000/- per month and he survived by his mother, wife
arid son. All the family members were totally dependent on him. A criminal case had
been registered for the said accident in Ranir Bazar PS vide Ranirbazar PS Case No.
18/2016, dated 06.09.2016, U/s. 279/304 of IPC and 184/181/185 of MV Act.
[5] 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.2, the National
Insurance Company Ltd (OP No.02) is to pay the awarded compensation amount
of Rs.30,38,000/- (rupees thirty lakh and thirty eight thousand only) along with
interest @9% pe rannum within 60 days from the date of passing of this award.
The claimant-petitioner No.1 Smt. Laxmi Rani Paul is entitled to get
compensation for an amount of Rs.10,12,666/- (rupees ten lakh twelve thousand
six hundred and sixty six) only, the claimant-petitioner No.2, Sri Tanmoy Deb Roy
is entitled to get an amount of Rs.10,12,666/- (rupees ten lakh twelve thousand six
hundred and sixty six) only, and the claimant-petitioner No.3, Smt. Kanan Deb
Roy is entitled to get an amount of Rs.10,12,668/-(rupees ten lakh twelve
thousand six hundred and sixty eight) only and the OP No.3, the National
Insurance Company Ltd. is to pay the awarded amount of compensation to the
claimant petitioners with 9% interest per annum from the date of filing of the
claim petition by the claimant-petitioners till the date of payment. The awarded
amount of Rs.10,12,666/- (rupees ten lakh twelve thousand six hundred and sixty
six) only in favour of the claimant-petitioner No. 02, Sri Tanmoy Deb Roy being a
minor shall be kept in the fixed deposit scheme in any Nationalized Bank till his
completion of 18 years. Out of the rest amount of total compensation 50 % of the
awarded amount be kept in fixed deposit scheme in favour of the claimant-
petitioners No.1 and 3 in any Nationalized Bank for a period of 5(five) years and
the said claimant petitioners if desire will be liberty to draw the monthly interest
to be accrued from the fix deposit scheme.
[6] Being aggrieved by and dissatisfied with the judgment and award dated
02.06.2023 passed in connection with T.S.(MAC) 14 of 2017 by the learned Member,
Motor Accident Claims Tribunal Khowai, Tripura, the present appeal has been preferred
by the appellant.
[7] The learned Court below has assessed the monthly income of the deceased
as Rs.15,000/- being a skilled head cook. But this Court following the notification dated
4th August, 2023 framed by the High Court, wherein no income of 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/- for a skilled worker and in the
present case accident had taken place in 2016. 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/-. Moreover, following the
judgment of Santosh Devi vs. National Insurance Company Ltd and Ors by the Hon'ble
Supreme Court one third of his income will be deducted towards personal and living
expenses of the deceased. As per the judgment passed by the Hon'ble Supreme Court of
India in National Insurance Company Ltd vs Pranay Sethi & Ors an addition of 40% of
the income should be added towards future propects. Thus the computation would be as
follows:
(i) Income per month Rs.12,000 only + 40% of the income towards future prospect
Rs.4800/- = Rs.16800/-
(ii) One third of Rs.16800/- = Rs.5600/-
[8] The income per month comes after deducting the amount for personal
expenses of the deceased is Rs.16800/- - Rs.5600/- = Rs.11200/-. So, the loss of
dependency is Rs.11,200/- x 12 x 11 = Rs.14,78,400/- (Rupees fourteen lakhs seventy
eight thousand and four hundred) only.
[9] This Court considers the submission as advanced by the counsel for the
appellant that the learned tribunal below has excessively awarded compensation under
various heads and those need to be reduced to meet proper ends of justice. Therefore
compensation as awarded by the learned tribunal below under the head of funeral
expenses (Rs.25,000/-), loss of love and affection to aged parents (Rs.1,00,000/-) , love of
estate (Rs.1,00,000/-), is reduced to the tune as mentioned below:
Head Amount
Funeral Expenses Rs.18000/-
Loss of consortium Rs.1,00,000/-
Loss of love and affection to aged Rs.88,000/-
parents (Mother and son)
Loss of estate Rs.15,000/-
Litigation costs Rs.25,000/-
Total Rs.2,46,000/-
[10] Hence, the total amount comes to Rs. Rs.14,78,400/- + Rs.2,46,000/- =
17,24,400/-(Rupees seventeen lakhs twenty four thousand and four hundred).
[11] This Court in all matters 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% 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 as per
procedure.
[12] 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.
JUDGE
Dipak
DIPAK Digitally signed by
DIPAK DAS
DAS Date: 2024.06.29
13:05:29 +05'30'
