Tripura High Court
Smti. Laxmi Sutradhar vs Shri Dipak Prasadi And Anr on 21 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
Mac.app 108 of 2023
Smti. Laxmi Sutradhar .
---Appellant(s)
Versus
Shri Dipak Prasadi and Anr.
---Respondent(s)
For Appellant(s) : Mr. J, Majumder, Advocate.
For Respondent(s) : Mr. K. De, 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. J Majumder, learned counsel for the appellant also heard Mr. K.
De, learned counsel for the respondents.
[2] This is an appeal under Section 173 of the Motor Vehicles Act, 1988,
against the Judgment and Award dated 07.11.2022 passed by the Learned Member Motor
Accident Claims Tribunal, Court No.2, Gomati Judicial District, Udaipur in case No. TS
(MAC) 48 of 2019.
[3] The appellant has prayed for the following reliefs:
(i) Admit this appeal;
(ii) Issue notice upon the respondents;
(iii) Call for the records of Case No.TS(MAC) 48 of 2019 from the Learned Motor
Accident Claims Tribunal No.2, Gomati Judicial District, Udaipur;
(iv) After hearing the respondents findings, reasoning and award of the Learned Tribunal
dated 07.11.2022 in case No. TS(MAC) 48 of 2019 is required to be interfered by this
Hon'ble Court by enhancing awarded amount including the interest;
(v) Pass Judgment and Decree allowing the appeal;
(vi) Pass any other order/s as deem fit and proper having regard to the facts and
circumstances of the case.
[4] The facts of the claimant-appellant, in short, are that on the fateful day of
accident i.e. on 20.03.2019 at about 1400 hours the claimant-appellant along with her
relatives were proceeding towards Amarpur from Maharani Bazaar Choumuhani after
boarding the vehicle bearing No. TR-03B-2369 (Auto rickshaw). On way near Thakchara
bridge, the auto rickshaw got capsized due to rash and negligent driving of the driver of
the said auto rickshaw. As a result the claimant-petitioner and other passengers received
injuries on their persons. The claimant-petitioner received grievous fracture injuries and
multiple bleeding injuries all over her body. Soon after the accident the claimant-
petitioner was taken to Amarpur Sub-Divisional Hospital by Fire Service vehicle and
considering the gravity of injuries she was referred to Gomati District Hospital, Udaipur.
Therefrom, she was further referred to AGMC & GBP Hospital, Agartala where she was
treated as an indoor patient till 26.04.2019. Thereafter she was discharged from the
hospital with advice to attend the OPD (Ortho).
[5] The learned Tribunal after hearing the parties and on perusal of the material
evidence on record has observed as under:
In the result, it is hereby ordered that the claimant petitioner is entitled to
get compensation of ₹37,119.39 + ₹24,000/- + ₹20,000/- = ₹81,119.39/- rounded
off ₹81,119/- (Rupees eighty one thousand one hundred nineteen) only. The OP
No.2, Shriram General Insurance Company Ltd., the insurer of vehicle bearing
registration No.TR-03B-2369 (Auto rickshaw) is directed to make the payment of
compensation to the claimant-petitioner within 30 (thirty) days from today along
with interest thereon @ 6% per annum from the date of filing of claim petition,
i.e., from 05.12.2019 till payment / realisation of the same.
[6] Being aggrieved by and dissatisfied with the judgment and award dated
07.11.2022 passed in connection with T.S.(MAC) 48 of 2019 by the learned Member,
Motor Accident Claims Tribunal No.2, Gomati Judicial District, Udaipur, the present
appeal has been preferred by the appellant.
[7] After perusal of the record, it appears to this court that the injured was 59
years of age at the time of accident. The claimant petitioner also could not produce any
document to prove his monthly income. Therefore, drawing an inference that Rs.8000/-
could be the monthly income of the claimant-appellant to calculate the loss of future
income can be easily presumed. The disability certificate placed by the claimant-appellant
before this court is issued much after the date of award of the learned Tribunal. Hence, it
appears to this court the claimant-appellant has not approached this court with clean
hands and the instant appeal is liable to be dismissed.
[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
13:06:38 +05'30'
