Tripura High Court
Smt. Sanju Sarkar(Das) Wife Of Late ... vs Sri Sukesh Deb & Anr on 21 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
MAC. APP. NO.119 OF 2023
Smt. Sanju Sarkar(Das) Wife of Late Jayanta Das & Ors.
......Appellant(s)
Versus
Sri Sukesh Deb & Anr.
.......Respondent(s)
For the Petitioner(s) : Mr. D. K DasChoudhury, Advocate.
For the Respondent(s) : Mr. S.D Choudhury, 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)
Heard Mr. D.K Daschoudhury, learned counsel appearing for the
appellants as well as Mr. S.D Choudhury, learned counsel appearing for the
respondent- Insurance Company.
2. This present appeal has been filed under Section 173(1) of the M.V.
Act 1988 against the judgment and award dated 19.03.2019 passed in
T.S.(MAC) 26 of 2014 by learned Motor Accident Claims Tribunal, Court No.2,
West Tripura Judicial District Agartala for modification of the award.
3. The appellants have prayed for the following reliefs:-
i. Admit the appeal condoning the delay;
ii. Pass an order staying execution of the impugned award under proceeding
No. Civil Misc.112/2019 pending in the Court of learned MAC Tribunal,
West Tripura, Agartala ( Court No.1) and directing to recall the certificate
issued vide No.2425 dated 20.07.2023 addressing the Collector, District
Gomati, Tripura.
iii. Notice the respondents;
iv. Call for relevant records of case No. TS(MAC) 26/2014 and Civil Misc.
112/2019 in TS (MAC) 26/2014 from concerned learned MAC Tribunal;
v. Pass an order absolving the appellants from the liability of payment of
awarded compensation to the claimant-respondent 1 and direct the
respondent 2 - the National Insurance Company Ltd. to pay the
compensation as awarded by the Tribunal under its order dated
19.03.2019 passed in TS (MAC) 26/2014;"
4. The gist of the claim petition filed by the claimant (respondent no.1
herein) in short is that on 01.02.2013 at about 10 am at Charilam near Charilam
Class XII School on Bishramganj Charilam Bazar road under Bishalgarh PS when
the victim Urmila Deb came out from her school after leave and was proceeding
very slowly on the extreme left side of the road that time one vehicle bearing
No. TR03-1248 (Bus) was coming from the side of Udaipur towards Agartala and
the driver of the vehicle was driving the same rashly and negligently at a very
high speed and dashed against the victim Urmila Deb resulting which the victim
fell down on the ground and sustained grievous injuries on her person. After the
accident the victim was brought to Bishramganj hospital from where she was
referred to GB hospital, Agartala and was admitted therein as an indoor patient
w.e.f. 01.02.2013 to 05.02.2013. But as the condition of the victim was serious
so she was referred to SSKM Hospital, Kolkata by the doctor of GB Hospital and
the victim was admitted in the SSKM Hospital, Kolkata on 06.02.2013 and
stayed therein till 05.03.2013 when a major operation was done in the left hand
on 18.02.2013 and in the meantime doctor of the said hospital again conducted
one major operation on 01.03.2013 for recovery of other injuries and the victim
was discharged from the hospital on 05.03.2013. But she was not cured fully
and after that the victim was treated as an outdoor patient in the GB hospital
and in the private chambers of the doctors. But she could not be fully cured. In
this regard a police case was registered vide Bishalgarh PS case No. 26/2013 u/s
279/338 of IPC and according to the claimant-petitioner( respondent no.1
herein) the accident occurred due to rash and negligent driving of the driver of
offending bus bearing No. TR03-1248.
5. The learned Tribunal after hearing the parties and on perusal of the
material evidence on record has observed as under:
"ORDER
16. In the result, the petition under Section 166 of theMotor Vehicles Act filed by the
claimant-petitioner is hereby allowed on contest. The victim namely, Miss. Urmila
Deb is awarded a sum of Rs. Rs. 3,48,400/- (Rupees three lacs fourty eight
thousands four hundred) only as compensation in this case for the injury sustained
by the minor victim girl Miss. Urmila Deb.
The OP No. 1 being the owner of the vehicle bearing No. TR03-1248 (Bus) shall
make payment of compensation as aforesaid to the claimant-petitioner within a
period of 6(six) weeks. This amount shall carry interest @ 6% (six per cent) per
annum from the date of presentation of the petition, i.e., on 10.01.2014 excluding
the period from 02.07.2016 to 06.09.2018 (as per order of the Hon'ble High court
dated 25.07.2018 passed in MAC APP 65 of 2016) before this Tribunal. If the
aforesaid amount is not paid within the time in that case the owner of the offending
vehicle bearing No. TR03-1248, i.e., OP No. 1 shall have to pay further interest @
8% p.a. after expiry of 6 (six) weeks till the payment is made.
70% of the amount of compensation be deposited in the name of minor victim Miss.
Urmila Deb in fixed deposit account till attaining her majority in UCO Bank, District
Court Branch, Agartala (in pursuance of the judgment of Hon'ble High Court of
Tripura in MAC APP No. 36 of 2006 dated 05.12.2013) and 30% of amount of
compensation be released in favour of claimantpetitioner, i.e., father of minor victim
Miss. Urmila Deb for meeting expenses of minor victim Urmila Deb for the expenses
incurred by him.
No loan or withdrawal shall be permitted from the fixed deposit account without
prior permission of this Tribunal.
The claimant petitioner is directed to furnish a photocopy of the Pass Book duly
certified by the Bank having IFSC Code & MICR Code.
17. Supply a copy of judgment to the learned counsel for the claimant-petitioner
free of cost.
Supply a copy of this judgment to learned counsel for the OP No. 1 for information
and compliance.
18. The case is thus disposed of on contest.".
6. Being aggrieved and dissatisfied with the judgment and award
dated 19.03.2019 passed by the Ld. Motor Accident Claims Tribunal, Court No.2,
West Tripura, Agartala, in T.S (MAC) No. 26 of 2014, the present appeal has
been preferred by the appellant.
7. After perusal of the record, it is seen that the appellants herein
contested the case by filing written objection but they did not adduce any oral or
documentary evidence on record to substantiate the defence and also failed to
prove the valid driving license of the driver of the offending vehicle and the
insurance certificate, as such there is no scope to impose any liability upon the
insurance company to pay the compensation.
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 application(s) pending if any, shall
stand closed. Draw the decree accordingly and thereafter, send down the LCRs
forthwith.
JUDGE
Paritosh
SABYASACHI Digitally signed by SABYASACHI GHOSH
GHOSH
Date: 2024.07.03 03:06:30 +05'30'
