Tripura High Court
Icici Lombard General Insurance ... vs Smt. Shilu Paul And Others on 24 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
MAC App.61 of 2023
ICICI Lombard General Insurance Company Limited.
................... Appellant(s)
Versus
Smt. Shilu Paul and others
........... Respondent(s)
For Appellant(s) : Mr. Rajib Saha, Advocate.
For Respondent(s) : Mr. S. Bhattacharjee, Advocate.
Mr. GS Das, Advocate.
Mr. K. Deb, Advocate.
Mr. Suman Bhattacharjee, Advocate.
Mr. S. Noatia, Advocate
Date of hearing and
delivery of judgment & Order : 24.06.2024
Whether fit for reporting : Yes/No.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
Judgment and order (Oral)
The present appeal is filed under Section 173 of the Motor
Vehicles Act, 1988 read with Section 168 of the Act by the appellant
challenging the judgment and award dated 30.03.2023 passed by the
learned Motor Accident Claims Tribunal, North Tripura Judicial District,
Dharmanagar in case No. T.S.(MAC) 20 of 2021.
[2] The learned Tribunal after hearing the parties, vide
judgment and award dated 30.03.2023 disposed the case of the
claimants in the following manner:
".......................................................O R D E R
17. In view of the above discussion and findings, the application
under Section 166 of the Motor Vehicles Act, 1988 filed by the claimant-
petitioners is allowed on contest.
It is ordered that the OP No. 2, The Branch Manager, ICICI
Lombard, 2nd Floor, RMS Chowmohani, Opposite Kiran Medical Hall,
GRS Towers Agartala, West Tripura being the insurer of motorbike
bearing registration No. TR-05B-6290 will pay compensation of
Rs.11,41,000/- (Rupees eleven lakh forty one thousand) only
and the OP No. 3, The Branch Manager, New India Assurance Company
Limited, Rajbari, Dharmanagar, North Tripura being the insurer of
motorbike bearing registration No. AS-11D-6612 will pay compensation
of Rs.11,41,000/- (Rupees eleven lakh forty one thousand) only
to claimant-petitioners within a period of 30 days from this day of
award. This award of compensation shall carry interest at the rate of 5%
per annum from the date of presentation of the claim petition before
this Tribunal i.e. 18-06-2021 till the realization.
Both the claimant-petitioners will get equal share of the total
compensation together with accrued interest.
Supply a copy of the judgment to the claimant-petitioners for
their ready reference and a copy of the judgment shall also be
communicated to the the OP No. 2, The Branch Manager, ICICI
Lombard, 2nd Floor, RMS Chowmohani, Opposite Kiran Medical Hall,
GRS Towers Agartala, West Tripura and the OP No. 3, The Branch
Manager, New India Assurance Company Limited, Rajbari,
Dharmanagar, North Tripura each to facilitate the payment of the
awarded compensation in time.
Thus, the instant claim petition is disposed off on contest......"
[3] Being aggrieved by the aforesaid impugned judgment and
award dated 30.03.2023, the appellant insurance company has preferred
the instant appeal.
[4] Mr. Rajib Saha, learned counsel for the appellant insurance
company submits that the learned Tribunal below has most illegally and
arbitrarily considered and assessed the monthly income at a tune of
Rs.15,000/- per month without any documentary proof. It is submitted
on behalf of the appellant that the award of compensation assessed by
the learned Tribunal below with regard to other heads also is not
sustainable in the eye of law and the assessment of compensation made
is on the higher side. Learned counsel, therefore, urges this Court to set
aside the impugned judgment and award passed by the learned Tribunal
below.
[5] On perusal of record, it is seen that without any
documentary evidence, learned Tribunal below has fixed the notional
income of the deceased at Rs.15,000/- per month. Since, the deceased
was working in a jewelry shop being a skilled worker and no documentary
proof of his income is available, this Court is of the view that the notional
monthly income of the deceased at Rs.15,000/- as assessed by the
Tribunal below be reduced to Rs.12,000/- per month following High Court
Notification dated 4th August, 2023.
Now, if the notional income of the deceased be considered as
Rs.12,000/- per month, then the compensation under the head of loss of
income stands as under:
a) Monthly income of the deceased= Rs.12,000/-.
b) 40% of the same as future prospect= Rs.4,800/-
So the monthly income of the deceased for the purpose of the
claim case stands at (Rs.12,000/- + Rs.4,800/-)= 16,800/-. In that ratio
yearly income of the deceased is assessed at (Rs.16,800/- X 12) =
Rs.2,01,600/-.
Since, the deceased was an unmarried person and after deducting
half of his yearly income, his contribution to his family be assessed at
Rs.1,00,800/- which he would have contributed to his family had he been
alive. The said amount should be multiplied by multiplier 17 and on
calculation it comes to (Rs. 1,00,800/- X 17) = Rs.17,13,600/-, which
is the actual loss of income of the parents of the deceased due to the
death of the deceased.
[6] Learned Trial court below has awarded Rs.20,000/- under
the head of loss of estate, Rs.1,00,000/- under the head of loss of love
and affection and Rs.20,000/- under the head of funeral expenses. This
Court is of the opinion that in terms of the principle laid down in Magma
General Insurance Company Ltd. Vs. Nanu Ram alias Chuhru Ram
and ors, the assessment of compensation under the aforesaid heads be
re-assessed as under:
a) Loss of estate= Rs. 16,500/-
b) Loss of love and affection= (Rs.40,000/- X 2 + 10%
enhancement) = (Rs.80,000/- + Rs.8,000/-)= Rs.88,000/-
c) Funeral expenses= Rs.16,500/-
[7] In view of the above, the total compensation to be awarded
to the claimants by the appellant insurance company is re-assessed as
(Rs.17,13,600/- + Rs. 16,500/- + Rs.88,000/- + Rs.16,500/-)=
Rs.18,34,600/-. However, the other aspects of the impugned judgment
and award passed by the learned Tribunal below shall remain unaltered.
[8] Thus, the present appeal stands partly allowed to the extent
as indicated above. As a sequel, miscellaneous application(s) pending, if
any, shall stand closed.
Draw the decree accordingly and thereafter, send down the
LCRs.
JUDGE
Sabyasachi G.
SABYASACHI Digitally signed by SABYASACHI
GHOSH
GHOSH Date: 2024.07.03 17:35:07 +05'30'
