Tripura High Court
The Branch Manager vs Smt. Momta Rani Murasingh(Debbarma) & ... on 4 April, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
Mac. App No.29/2024
The Branch Manager, Reliance general Insurance Company
Ltd. Appellant(s)
Versus
Smt. Momta Rani Murasingh(Debbarma) & ors.
Respondent(s)
For Appellant(s) : Mr. S. Chakraborty, Advocate
For Respondent(s) : Mr. S. Kr. Deb, Sr. Advocate.
Mr. S. Datta, Advocate.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
ORDER
04.04.2025
In view of the order passed today in connected IAs, this
present appeal is restored and the same is taken up for a disposal.
[2] Heard learned counsel for the respective parties.
[3] The story in brief is that, on 15.10.2018 at about 9 pm on the
National Highway No.8 near Patichari Bazaar SPO Camp, victim Arun
Debbarma was returning home by riding his bicycle after watching Durga
puja festival at Patichari bazaar and when he reached near Patichari SPO
Camp on the National Highway No.8 he parked his bicycle at the left side of
the road to urinate and at that time the motorbike bearing No. TR-06A-
7641, TVS APACHE RTR 160 (BS-IV) which was coming from Garjee side
towards Birchandra Nagar with high speed dashed Arun Debbarma while he
was urinating. As a result of the said accident, he fell down on the road and
sustained grievous injury on his person. The local people rushed to the spot
and immediately shifted him at Birchandra Manu Saheed Memorial Hospital
and the attending doctor referred him to the District Hospital, Udaipur and
the attending doctor of the District Hospital, Udaipur declared him brought
dead.
[4] Upon hearing Mr. S. Chakraborty, learned counsel appearing
for the appellant-insurance company, the points which falls for consideration
from the side of the appellant insurance company is that without any
proof of his employment and salary the Court below has concluded
Rs.9,000/- as a notional income and according to the insurance company, it
should be around Rs.4500/- and, thus, prayed to reduce the awarded
amount which has been granted is excessive.
[5] It is seen from the notification vide No.F.44 (11) -
HC/2023/19504 Dated Agartala, the 4th August, 2023 of this High Court,
wherein, the Skilled Worker is getting Rs.12,000/- and un Skilled Worker
is getting Rs. 10,000/-. Even that apart, the Hon'ble Apex Court in one of its
Judgment titled as Ramachandrappa versus Manager, Royal Sundaram
Alliance Insurance Company Limited reported in (2011) 13 SCC 236
has decided the notional amount way back in the year 2011 and was fixed
at Rs.10,000/- and considering the same from all angle, this Court feels
that the notional amount of Rs. 9000/- fixed by the Court below is
reasonable and nothing requires for interference to which both parties have
also agreed.
[6] In view of the above, this Court directs that the appellant
insurance company to deposit the awarded amount within 01 month from
today to the account of Court below and on such deposit the claimants are
at liberty to withdraw the same unconditionally as per procedure. However,
it is also made clear that all other parts of the order passed by the learned
Court below shall remain unaltered.
Accordingly, this appeal is dismissed. As a sequel,
miscellaneous application(s), pending, if any, shall stand closed.
JUDGE
Paritosh
SABYA Digitally
signed by
SACHI SABYASACHI
GHOSH
GHOS Date:
2025.04.10
13:55:24
H +05'30'
