Tripura High Court
Smti. Gita Karmakar And 2 Others vs Sri Shibayan Kar And Another on 24 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 4
HIGH COURT OF TRIPURA
A_G_A_R_T_A_L_A
MAC. App. No.86 of 2023
1. Smti. Gita Karmakar and 2 Others.
..... Appellants
-V E R S U S-
1. Sri Shibayan Kar and Another
.....Respondents.
B_E_F_O_R_E
HON'BLE MR. JUSTICE T. AMARNATH GOUD
For Appellant(s) : Mr. D. J. Saha, Advocate.
For Respondent(s) : Mr. G.S. Das, Advocate.
Mr. K. Deb, Advocate.
Ms. V. Poddar, Advocate.
Whether fit for reporting : YES/NO
Judgment and order dated 24th June, 2024
JUDGMENT & ORDER [ORAL]
Heard Mr. D. J. Saha, learned counsel appearing for the
appellants also heard Mr. G. S. Das, Mr. K. Deb and Ms. V. Poddar, learned
counsel appearing for the respondents.
[2] This is an appeal filed under Section-173 of Motor Vehicles Act,
1988 against the award dated 30.04.2022 passed by the learned Member, Motor
Accident Claims Tribunal, Sepajijala District, Sonamura in connection with
T.S. (MAC) No.08 of 2020.
[3] The case in brief is that on 19.06.2020 the deceased Madhu
Sudhan Karmakar, met with an accident at about 2030 hours. It was alleged that
one Maruti Celerio Car bearing registration No. TR01-AS-0406 dashed him
from his behind with a high-speed coming from the direction of Bishalgarh
towards Agartala as a result of which Madhu Sudhan Karmakar (now deceased)
sustained grievous injury on his leg and head. On 24.06.2020 the Madhu
Sudhan Karmakar (now deceased) succumbed to his injuries. An award dated
30-04-2022, was passed by learned Member, Motor Accident Claims Tribunal,
Sepahijala District, Sonamura, in connection with T.S. (MAC) 08 of 2020
wherein, the total compensation would come to Rs. (53,56,560/- + 77,000/- +
1,32,000/- + 6329/-) Rs.55,71,889/- i.e. Rs.55,72,000/-(Rupees fifty five lacs
seventy two thousand) only for the death of the deceased Madhu Sudhan
Karmakar.
[4] The learned Tribunal after hearing the parties and on perusal of
the material evidence on record has observed as under:
"23. In the result, the petition under Section-166 of M.V. Act is hereby
allowed on contest. The claimant petitioners namely, Smt. Gita Karmakar,
Smt. Rakhi Rani Karmakar, Smt. Jaba Karmakar and Sri Akash Karmakar
are entitled to get compensation of Rs.55,72,000/- (Rupees fifty five lacs
seventy two thousand) only equally being the legal heirs of deceased
Madhu Sudhan Karmakar. The award shall carry interest @ 7.5% per
annum from the date of filing of this claim petition i.e. 15.07.2020 till the
date of payment.
24. The OP No.2 New India Assurance Company Ltd. being the insurer of
the offending vehicle bearing No. TR01-AS- 0406(Celerio) is hereby
directed to make payment of compensation together with interest as stated
above to the claimant-petitioners within a period of 60(sixty) days from
the date of award.
25. In view of the judgment passed by the Hon'ble High Court in Appeal
(MAC) 36 of 2006, considering the future necessity and livelihood of the
claimant-petitioners the 50% of the awarded amount of compensation of
the claimant- petitioners shall be kept in a fixed deposit scheme in the
Nationalized Bank for 5(five) years and the rest 50% amount of the
awarded amount shall be released to the claimant petitioners by
transmitting it directly from the Court to their individual Bank account of
the claimant petitioners. But no loan and withdrawal shall be permitted on
the fixed deposit without prior permission of this Tribunal.
26. The claimant petitioners be asked to furnish copy of PAN Card and
two sets of photocopy of their passbook duly certified by Bank having
IFSC and MICR code with one passport size colour photograph".
[5] Being aggrieved by and dissatisfied with the judgment and award
dated 30.04.2022 passed in T.S. (MAC) 08 of 2020, the present appeal has been
preferred by the appellants.
[6] Having heard the learned counsel appearing for the parties
and also going through the observation made by the learned tribunal
below, this Court is of the opinion that 1/3rd deduction needs to be
replaced by 1/4th since the learned tribunal erred in considering that as per
Sarla Verma's case the deduction towards his personal living expenses
would 1/3rd, whereas, the Hon'ble Apex Court in Sarla Verma's case
clearly speaks that the deduction to be made towards personal and living
expenses should be one fourth (1/4th) where the number of dependent
family members is 4 to 6.
[7] The learned trial court below has observed that as per
survival certificate at the time of accident the deceased left his wife, two
daughters and one son, out of them two daughters were already given
marriage prior to his death and as such the petitioner Nos.1 and 4 are only
the dependent family members of the deceased who earned their
livelihood out of the income of the deceased. Therefore, the deduction
towards his personal living expenses would be 1/3 rd. But this Court is not
in a position to accept such finding which is made by the learned tribunal
below that the petitioner-claimant Nos.1 and 4 are the only dependent.
[8] The learned tribunal has awarded Rs.80,34,840/- and after
deducting 1/3rd towards his personal and living expenses the awarded
came to Rs.53,56,560/-. But, after following the principle laid down in
Sarla Verma's case, this Court is of the opinion that the deduction would
be 1/4th instead of 1/3rd. Thus, after deduction of 1/4th of Rs.80,34,840/-
the award would come to Rs.60,26.130/-. Accordingly, the claimants are
entitled to Rs.60,26,130/- along with other amounts as awarded on
different heads by the learned tribunal below.
[9] Thus, the total compensation would come to Rs.60,26,130 +
77,000 + 1,32,000 +6,329 = Rs.62,41,459/- instead of Rs.55,72,000/-. The
awarded amount with 7.5% interest 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. In view of above modification, the
present appeal stands 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
16:28:54 +05'30'
