Unknown vs For
2025 Latest Caselaw 875 Tri

Tripura High Court

Unknown vs For on 2 April, 2025

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                                     HIGH COURT OF TRIPURA
                                          AGARTALA
                                     Mac. App. No. 15 of 2025


     For Appellant(s)                :      Mr. G. S Das, Advocate.
                                            Mr. K. Deb, Advocate.

     For Respondent(s)               :      None.




                          HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                                 ORDER

02.04.2025

When the case was called, Mr. G. S. Das, learned counsel

appearing for the appellant-Insurance Company, made his submissions on two

points:-1. That under the head of "love and affection", the Trial Court has

awarded Rs. 2 lacs, which is excessive. 2. That since there was no valid permit,

the Insurance Company is not liable to pay any compensation, and in such

circumstances, the principle to be adopted is "pay and recovery."

This Court, prima facie, agrees that Rs. 2 lacs awarded under

the head of "love and affection" for mother is excessive, as the amount has

been decided by the Hon'ble Supreme Court in Magma General Insurance

Co. Ltd. v. Nanu Ram Alias Chuhru Ram & Ors., reported in (2018) 18

SCC 130, as Rs. 40,000/- with periodical enhancement, if applicable. As for the

other issue, learned counsel seeks an accommodation to place a Judgment of

the Hon'ble Supreme Court of India on the point of having no valid permit in

respect of goods vehicle and the application of the "pay and recovery" principle.

Request considered.

List this matter on 03.04.2025.

JUDGE

Paritosh

SABYAS Digitally signed by SABYASACHI GHOSH ACHI Date:

GHOSH 2025.04.02 18:22:40 +05'30'