Tripura High Court
The Oriental Insurance Company Limited vs Smti. Sangita Kurmi And 2 Others on 21 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
A_G_A_R_T_A_L_A
MAC. App. No.85 of 2023
1. The Oriental Insurance Company Limited
..... Appellant
-V E R S U S-
1. Smti. Sangita Kurmi and 2 Others.
.....Respondents.
B_E_F_O_R_E
HON'BLE MR. JUSTICE T. AMARNATH GOUD
For Appellant(s) : Mr. B. Majumder, Advocate.
For Respondent(s) : Mr. R. Saha, Advocate.
Whether fit for reporting : YES/NO
Judgment and order dated 21st June, 2024
JUDGMENT & ORDER [ORAL]
Heard Mr. B. Majumder, learned counsel appearing for the
appellant also heard Mr. R. Saha, learned counsel appearing for the
respondents.
[2] This is an appeal filed under Section-173 of the Motor Vehicles
Act, 1988 along with its up to date amendments against the impugned judgment
and award dated 31.05.2023 passed by the learned Member, Motor Accident
Claims Tribunal, Court No.2, North Tripura Dharmanagar in connection with
case No. T.S. (MAC) 30 of 2019.
[4] The brief fact of the claimant's case is that on 15.03.2019 at about
12.45 hrs deceased Bibek Kurmi along with his friend were proceeding from
Karimganj side towards Dharmanagar by riding motor cycle TR-05-B-5147 on
national highway and a truck TR05-C-1560 came from the opposite direction
and dashed deceased at Akhaidum under Kathaltali watch post, under
Bazaricherra PS, Karimganj, Assam and as a result deceased sustained injury
and local people shifted him to Patharkandi hospital but he died. The accident
occurrend due to rash and negligent driving of 'driver of truck namely Amio
Deb and Bazaricherra PS case No.32 of 2019 under Section 279/338/304A of
IPC is registered against driver Amio Deb. It is also pleaded that at the time of
accident deceased was 21 years old and tutor by profession and used to study in
4th semester in college and his monthly income was Rs. 15,000/- and claimant
was dependent upon him.
[5] The learned Tribunal after hearing the parties and on perusal of
the material evidence on record has observed as under:
"The OP No.3, The Oriental Insurance Co. Ltd. is to deposit the awarded
compensation of directed Rs.30,94,000/- (Rupees Thirty Lakh Ninety Four
Thousand) 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 24.07.2019 to till realization of the full.
Protection Awarded Compensation
Fifty percent (60%) of the amount of compensation of claimant is to be
fixed deposited for five years and the rest amount is to be released in her
favour in her bank account. 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
31.05.2023 passed by the learned Member, Motor Accident Claims Tribunal,
Court No.2, North Tripura Dharmanagar in connection with case No. T.S.
(MAC) 30 of 2019, 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/- and towards personal expense 1/3rd was
deducted and after deduction his monthly income was assessed as
Rs.10,000/-. But, this Court following the notification dated 4th August,
2023 framed by the High Court, wherein if there is no income proof of the
injured/deceased issued by the competent authority is submitted, being an
unskilled worker, 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.10,000/- for a skilled worker and in the
present case accident had taken place after 2019. 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.10,000/-. Thus, the
computation would be as follows:
Income per month Rs.10,000 only and after deducting 1/3rd
for personal expenses it will come to Rs.6,667/-. As the deceased was self
employed and aged below 40 years, an addition of 40% of income is to be
made. Thus, 40% of Rs.6,667/- = Rs.2,668/-. Thus, the total loss of
monthly income stands Rs.6,667+ 2,666 =Rs.9,333/-. The loss income of
the deceased stands at (Rs.9,333 x 12 x 18 = Rs.20,15,928/-. The claimant
being the mother of the deceased, she is entitled to Rs.40,000/- as
consortium. The claimant is also entitled Rs.15,000/- for loss of estate and
Rs.15,000/- as funeral expenses. Accordingly, total compensation would
be Rs.20,85,928/-. Thus, total compensation would be Rs.20,85,928/-
instead of Rs.30,94,000/- as awarded by the learned tribunal below.
[8] This Court in all matters is 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 8% interest 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.
[9] 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.
T. Amarnath Goud, J
A.Ghosh
ANJAN Digitally signed by
ANJAN GHOSH
GHOSH Date: 2024.07.01
16:08:26 +05'30'
