Unknown vs For
2025 Latest Caselaw 876 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. 16 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" 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

SABYA Digitally signed by SABYASACHI SACHI GHOSH Date: 2025.04.02 GHOSH 18:22:02 +05'30'