[1] This present appeal has been filed under Section 173 of the
M.V. Act 1988 read with Section 168 of the act, filed the appellant
Insurance Company, challenging the judgment and award dated
04.09.2023 passed in T.S.(MAC) 11 of 2019 by learned Motor
Accident Claims Tribunal, North Tripura, Dharmanagar.
[2] The appellant has prayed for the following reliefs:-
AND
Pass such other order or orders as the Hon'ble High Court may seem fit and proper
AND
For this act of kindness, the Appellant Insurance Company Chalamandalam MS General
Insurance Company Ltd. as in end shall ever pray."
[3] Upon hearing the parties and on perusal of the records, the
learned trial Court passed the award in the following manner :-
17. In view of the above discussion and findings, the application under Section 166 of the Motor
Vehicles Act, 1988 filed by the claimant-petitioners is allowed on contest.
The Opposite Party No. 3, The Branch Manager, Chola MS General Insurance, 2nd Floor, Teen
Sangi, Akhaura Road, Krishnanagar, Agartala, West Tripura being the insurer of vehicle bearing
No. TR-05B-1637 (Tata Ace) shall pay the compensation of Rs.20,94,000/- (Rupees twenty lakh
ninety four thousand) only to the claimant-petitioners within a period of 30 days from this day of
award. This award of compensation shall carry interest at the rate of 6% per annum from the
date of presentation of the claim petition before this Tribunal i.e. 31-01-2019 till the realization.
The Opposite Party No.3 will be at liberty to recover the said amount from the owner of the
vehicle, Sri Dilbahadur Sonar if there is any breach of the policy condition.
The share of the claimant-petitioner no.2, Smt. Shipra Goswami being the wife of the deceased
will be (Rs.6,84,667/- (rounded off) + Rs.40,000/-) = Rs.7,24,667/- (Rupees seven lakh twenty
four thousand six hundred sixty seven) only with accrued interest.
The share of the claimant-petitioners no. 1 and 3 namely Smt. Priti Kana Goswami and Sri Ayush
Goswami, (minor) Nath will be Rs. 684,667 (Rupees stx lakh eighty four thousand six hundred
sixty seven) only each with accrued interest.
Any amount of compensation, if received by the claimant-petitioners on the principle of No Fault
Liability as contemplated under Section 140 of the Motor Vehicles Act, 1988 shall be adjusted to
the compensation so finally awarded.
18. Keeping in mind the guidelines of Hon'ble Apex Court in General Manager, Kerala State
Road Transport Corporation, Trivandam Vs. Ms. Sushama Thomas and others (AIR 1994 SC
1631) and the guidelines as laid down in Union Carbide Corporations case (1991) 4 SCC 584
and subsequent decision of the Hon'ble High Court of Tripura in case no. MAC Application 36 of
2006 Joydeep Chakraborty Vs. Pintu Sharma and another, since the claimant petitioner no.3 is a
minor, it is ordered that the share of the minor namely Sri Ayush Goswami together with interest
shall be fixed in a long tern fixed deposit scheme till he attains his majority in his name in any
Nationalized Bank making his natural guardian mother namely Smt. Shipra Goswami as his
nominee. No loan or other advances in any form shall be allowed on such fixed certificate without
the express permission of this tribunal.
Since the claimant-petitioners no. 1 and 2 are women, it is ordered that 50% of the share of each
of the claimant-petitioners no. 1 and 2 together with interest shall be fixed in a long tern fixed
deposit scheme at least for a period of six years in their names in any Nationalized Bank giving a
scope to them to draw the monthly interests accrued on it. No loan or other advances in any form
shall be allowed on such fixed certificates without the express permission of this tribunal.
Rest 50% of the share of the claimant-petitioners no. 1 and 2 together with interest shall be
released in favour of them by transmitting it directly to their savings bank accounts to allow them
to meet the expenditure of their livelihood which they might have incurred for the death of the
deceased.
Supply a copy of the judgment to the claimant-petitioners for their ready reference and a copy of
the judgment shall also be communicated to the Opposite Party No. 3, The Branch Manager,
Chola MS General Insurance, 2nd Floor, Teen Sangi, Akhaura Road, Krishnanagar, Agartala,
West Tripura to facilitate the payment of the awarded compensation in time.
Thus, the instant claim petition is disposed off on contest.
Make entry in the TR and in CIS."
[4] Being aggrieved by the order dated 04.09.2023 passed by
the tribunal in T.S (MAC) 11 of 2019 the appellant insurance
company preferred this appeal on two grounds i.e., (i) that the driver
is not having driving license at the time of accident and (ii) that the
amount granted is excessive as the proof of income was not placed on
record and the Court below has fixed notional income @ Rs.20,000/-
per month but whereas the High Court notification vide No.F.44 (11)
-HC/2023/19504 Dated Agartala, the 4th August, 2023, it is seen that
as a skilled labour Rs. 12,000/- is fixed and un skilled labour Rs.
10,000/-. In the event, if the accident have taken place after the year
2015. In the present case, the accident have taken place in the year.
2018.
[5] For the first limb of argument, regarding non-production of
license the Hon'ble Supreme Court in Civil Appeal No. 841 of 2018
in M/s Bajaj Alliance General Insurance Co. Ltd vs. Rambha Devi
& Ors. observed that it cannot be a ground to reject the compensation
and therefore, the argument is negated.
[6] Insofar as, the other limb of argument that the amount
granted is surplus due to the absence of proof of income is concerned,
this Court is of the considerable view that exhibit-2 which is placed
on record the contractual works for the year 2009, cannot be treated
as his proof of income althrough. Since, no income tax return also
filed thereafter. And insofar as the said communication is concerned,
it only reflects that the deceased person is a contractor and this Court
considers the occupation as a skilled labour and accordingly fixes Rs.
12,000/- .
[7] Since, it is the case of a contractor and proof of his
contractual works dated 24.11.2009 has been placed on record which
is exhibit-2, but that cannot be construed as the proof of income. No
IT Returns or any other proof of income has been place on record.
Admittedly, he is a contractor that means a skilled person and in
terms of High Court notification his monthly income has been
considered as Rs.12,000/-. And since the deceased was about 53
years so 15% of his income added as future prospect as assessed by
the Court below is on higher side and the same is reduced to 10%
(Rs.12000/-x10%). Accordingly, the re-calculation stands at
Rs.12000+1,200= Rs.13,200/-
[8] Thereafter, the yearly income of the deceased is assessed at
(Rs. 13,200x12)= Rs. 1,58,400/-. Now, since the deceased was a
married person and so after deducting one third of his yearly income
i.e. Rs. 52,800/- as personal expenditure and the yearly contribution
to his family stands at (Rs.1,58,400/-- Rs.52,800)= Rs. 105,600/-
[9] Since, the deceased was at the age group of 51-55 years at
the time of accident and his one year's family contribution should be
multiplied by multiplier 11 and on calculation it comes to Rs.
11,61,600/-. That amount is the actual loss of income of the legal
heirs of the deceased due to the death of the deceased. So, in this
claim petition under the head of loss of income an amount of Rs.
11,61,600/- is awarded.
[10] It is seen from the record that the accident occurred in the
year 2018 i.e. about 7 years ago so following the principle laid down
in National Insurance Company Ltd. vs. Pranay Sethi & Ors.
reported in (2017) 16 SCC 680, 20% on the conventional heads i.e.
loss of estate- 15,000/-, loss of consortium- 40,000/- and funeral
expenses-15,000/- will be enhanced , and thus the total amount is =
[70,000+ 20% of 70,000]= [70000+14000]= Rs.84,000/-.
So, in total (Rs. 11,61,600+ Rs. 84,000/-) = Rs.
12,45,600/- only is awarded.
[11] This Court feels the interest granted 6% per annum by the
learned tribunal is less though it is an appeal filed by the insurance
company as per the beneficial legislation, this Court in all matters
fixing 7.5% interest and to maintain uniformity while comparing the
bank rate of interest which is also much less. Consequently, the
claimants would be entitled compensation as indicated above along
with 7.5% interest per annum instead of 6% as awarded by the
learned tribunal below.
[12] The awarded amount shall be deposited by the insurance
company within a period of one month from today, if not deposited.
However, it is made clear that on such deposit, the claimants are at
liberty to withdraw the same unconditionally as per procedure.
[13] In the light of the above, the present appeal stands allowed
to the extent as indicated above. As a sequel, miscellaneous
application pending, if any, shall stand closed. Draw the decree
accordingly and thereafter, send down the LCRs forthwith.
DR. T. AMARNATH GOUD, J
Paritosh
SABYASAC Digitally signed by
SABYASACHI GHOSH
HI GHOSH Date: 2025.08.29
11:00:30 +05'30'
