Tripura High Court
The United Insurance Co. Ltd vs Smt. Shantanu Majumder(Das) And Ors on 12 September, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 5
HIGH COURT OF TRIPURA
AGARTALA
MAC. APP. NO.21 OF 2023
The United Insurance Co. Ltd.
......Appellant(s)
Versus
Smt. Shantanu Majumder(Das) and ors.
.....Respondent(s)
For the Appellant(s) : Mr. P. Gautam, Advocate.
For the Respondent(s) : Ms. Sarama Deb, Advocate.
Date of hearing and delivery of
Judgment & Order : 12.09.2024
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)
This appeal has been filed against the impugned
Judgment and Award dated 22.08.2022 passed by the learned
Motor Accident Claims Tribunal No.2, West Tripura, Agartala, in
case No.T.S.(Mac)199 of 2019.
2. Brief facts leading to this case is that on
16.01.2019, one Kishore Kumar Sukladas was proceeding
towards Agartala from Teliamura by boarding a Mini Bus bearing
registration No. TR-01-A-1490 which capsized from the main
road in a turning at Narengbari on NH8 Assam-Agartala Road,
resultantly, the said Kishore Kumar Sukladas fell down on the
road and sustained multiple grievous injuries and died on the
spot. Immediately after the accident, the deceased was taken to
Teliamura Sub-Divisional Hospital where the attending doctor
declared him as 'brought dead'. In this connection, Jirania PS
Case No. 006 of 2019 under Section 279/337/338/304-A of IPC
was registered. Claimants petitioners, thereafter, filed claim
petition to the tune of Rs.30,00,000/-.
3. After hearing both the parties and perusing the
evidence on record, learned Tribunal vide impugned Judgment
and Award dated 22.08.2022 fastened the entire liability of
compensation of Rs.22,63,828/- against the appellant-Insurance
Company along with 9% interest per annum from the date of
filing of the claim petition and directed the appellant-Insurance
Company to satisfy the awarded amount within one month from
the date of Judgment and Award dated 22.08.2022.
4. Aggrieved thereby, the appellant-Insurance
company has filed this appeal.
5. Heard Mr. P. Gautam, learned counsel appearing
for the appellant-Insurance Company, and Ms. S. Deb, learned
counsel appearing for respondent No.4.
6. Mr. P. Gautam, learned counsel appearing for the
appellant-Insurance Company submitted that learned Tribunal
committed an error in awarding Rs.15,000/- per month as the
monthly income of the deceased as he was an assistant driver
which falls under the category of an unskilled labour. Further, no
definite proof of income has been adduced before the learned
Tribunal to establish the monthly income of the deceased. The
learned Tribunal also erred in imposing 9% interest on the
awarded amount as the same is on the higher side.
7. Heard and perused the evidence on record.
8. It is seen from the record that before the demise,
the deceased person was engaged as an assistant driver which
according to this Court falls under the category of skilled labour.
However, the award of Rs.15,000/- per month as monthly
income of the deceased is on the higher side and the same is not
in consonance with the Notification of this High Court dated 4 th
August 2023, wherein, Rs.12,000/- per month as has been fixed
as monthly income of a skilled labour. Accordingly, in the terms
of the said notification, the monthly income of the deceased is
assessed at Rs.12,000/- per month. Further, this Court has been
fixing an interest rate of 7.5 % interest per annum as norms in
such cases and as such to maintain uniformity, this Court is fixing
7.5% simple interest per annum to the awarded amount instead
of 9% simple interest per annum.
9. So, in terms of the above modification, the Award
stands thus:-
(I) Income per month = Rs.12,000/- only.
(II) 25% of above to be added as future
prospect:- Rs.3,000/- only.
(III)Total of Sl Nos. (I) and (II) above comes
to Rs.12,000/- + Rs. 3000/- Rs.15,000/- only.
(IV) one fourth (1/4) of above to be deducted
as personal and living expenses of deceased:-
Rs.15,000/- minus Rs.3,750/- = Rs.11,250/- only.
(V) compensation after applying multiplier of
13:- Rs. 11,250 x 12 x 13 = 17,55,000/-only.
(VI) Loss of Estate = Rs.15,000/-only.
(VII) Funeral expenses = Rs.15,000/- only.
(VIII) Loss of consortium=Rs. 40,000/- only.
Thus, total compensation stands at Rs.17,55,000/-+
15,000/- +15,000/- + 40,000/- Rs.18,25,000/- only.
10. Apart from the modification as stated above, the
rest of the Award as passed by the learned Tribunal below dated
22.08.2022 shall remain unchanged.
11. Accordingly, this present appeal stands allowed to
the extent indicated above and thus disposed of. As a sequel,
stay if any stands vacated. Pending application(s), if any also
stands closed.
JUDGE
suhanjit
RAJKUMAR Digitally signed by
RAJKUMAR SUHANJIT
SUHANJIT SINGHA
Date: 2024.09.13
SINGHA 12:35:40 +05'30'
