Tripura High Court
The United India Insurance Co. Ltd vs Smt. Malati Sutradhar And Ors on 21 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
Mac.app 112 of 2023
The United India Insurance Co. Ltd.
---Appellant(s)
Versus
Smt. Malati Sutradhar and Ors.
---Respondent(s)
For Appellant(s) : Mr. P. Gautam, Advocate.
For Respondent(s) : Mr. D. Paul, 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, read
with Section 168 of the Act ibide, against the impugned judgment and award dated
07.07.2023 passed by the Ld. Motor Accident Claims Tribunal, Khowai, Tripura, in case
No.TS (MAC)06 of 2018
[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) Stay the operation of the impugned judgment and award dated 07.07.2023 passed by
the Ld. Motor Accident Claims Tribunal, Khowai, Tripura in case No. TS. (MAC) 06
of 2018 and the Hon'ble High Court may kindly be pleased to direct the Ld. Tribunal,
not to proceed with any execution proceeding if any filed by the claimant respondents
in the mean time till disposal of the present appeal.
(iv) After hearing the parties be pleased enough to set aside/quash the impugned
judgment and award dated 07.07.2023 passed by the Ld. Motor Accident Claims
Tribunal, Khowai, Tripura in case No.TS (MAC) 06 of 2018 and then Hon'ble High
Court may kindly be pleased to direct the Ld. Tribunal, not to proceed with any
execution proceeding if any filed by the claimant respondents in the mean time, till
disposal of the present appeal.
[4] Briefly stated the case of the claimants respondents is that on 19.07.2017 at
about 09,30 p.m. Utpal Sutradhar (now deceased) along with his wife and son was
returning home from Maharanipur by boarding an Auto-Rickshaw bearing Regn No. TR-
06-2204. When they reached near Maharanipur Patrol Pump one unknown mini truck
loaded with cattle was coming from Teliamura side in a rash and negligent manner and
seeing the said mini truck the driver of the auto-rickshaw lost his control due to his
excessive speed and dashed with the mini truck. As a result, the driver of the said auto-
rickshaw namely, Gopal Chandra Das and Utpal Sutradhar received grievous injuries on
their persons. Immediately after the accident both of them were shifted to Teliamura Sub-
Divisional Hospital where from deceased Utpal Sutradhar as referred to AGMC & GBP
Hospital, Agartala. The attending doctor of AGMC & GBP Hospital referred Utpal
Sutradhar to NNC Hospital, Kolkata on emergency basis but as his condition was very
serious, he was shifted to ILS Hospital, Agartala where he was succumbed to his injuries
on 22.07.2017. The plea of the claimant-petitioners is also that the accident occurred due
to rash and negligent riding by the driver of the offending Auto-Rickshaw bearing Regn
No. TR-06-2204. According to the petitioners at the time of accident the deceased was 34
years old. He used to earn Rs. 25,000/- per month. All the family members were totally
dependent on him. A criminal case had been registered for the said accident in Teliamura
PS vide Teliamura PS Case No. 58/2017, U/s. 279/304 (A) of IPC and 184 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 United India
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% perannum within 60 days from the date of passing of this award.
The claimant-petitioner No.1 Smt. Malati Sutradhar 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, Miss Mandira
Sutradhar 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, Uttam
Sutradhar 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 United India
Insurance Company Ltd. is to pay the awarded amount of compensation to the
claimant petitioners with 9% interest perannum 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 and Rs.10,12,666/- (rupees ten lakh twelve thousand six hundred and
sixty six) only in favour of the claimant- petitioners No. 02 and 03 namely, Miss.
Mandira Sutradhar and Uttam Sutradhar being minors shall be kept in the fixed
deposit scheme in any Nationalized Bank till their 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 in any
Nationalized Bank for a period of 5 (five) years and the said claimant petitioners
if desire will be at 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
07.07.2023 passed in connection with T.S.(MAC) 06 of 2018 by the learned Member,
Motor Accident Claims Tribunal Khowai, Tripura, the present appeal has been preferred
by the appellant.
[7] Mr. P. Gautam, learned counsel for the appellant has contended before this
court since no aged dependent parents are arrayed as party in the case, the compensation
awarded under the head of Loss of love and affection to aged parents be deducted. He
also contended that compensation awarded by the learned tribunal below under the head
of funeral expenses is excessive and this may also be reduced. After going through the
record and having considered the submission as advanced by the counsel for the paarties,
this court is of the view that the compensation as awarded by the learned tribunal below
under the head of funeral expenses (Rs.25,000/-) be reduced to Rs.18,000/- and the
compensation awarded under the head of loss of love and affection to aged parents
(Rs.1,00,000/-) be deducted. Thus the computation would be as follows:
Loss of dependency as fixed by Ld. Tribunal = Rs.26,88,000/-
Head Amount
Funeral Expenses Rs.18000/-
Loss of consortium Rs.1,00,000/-
Loss of estate Rs.1,00,000/-
Litigation costs Rs.25,000/-
Total Rs.2,50,000/-
[8] Hence, the total amount comes to Rs.26,88,000/- + Rs.2,50,000/- =
29,38,000/-(Rupees twenty nine lakhs thirty eight thousand) only.
[9] 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.
[10] 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
13:07:26 +05'30'
