[Cites 2, Cited by 0]
Tripura High Court
The Divisional Manager vs ) Shefali Khatun on 4 December, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
MAC. APP. NO.54 OF 2025
The Divisional Manager, Bajaj Allianz General Insurance Company
Limited, 2nd Floor, Shreeji Tower, Christianbasti, Wall ford, Guwahati-
781005, Kamrup, Assam (Insurer of the vehicle No. TR-01-Y-1510 Bolero
Pick Up)
......Appellant(s)
Versus
1) Shefali Khatun, W/O Late Alamgir Hossain Bhuiya.
2) Sarif Hussen Bhuiya, S/O Late Alamgir Hossain Bhuiya
3) Jahid Hachan Bhuiya, S/O Late Alamgir Hossain Bhuiya
4) Md. Tofajjal Bhuiya, S/O Late Alamgir Hossain Bhuiya
Being minor Respondent Nos.2 to 4 are represented by their natural
guardian mother i.e. Respondent No.-1
All are residents of Village- Indira Nagar, P.S.- Melaghar, District-
Sepahijala.
.......Claimant Respondents
5) Maphij Miah, S/O Nayab Ali Resident of Village- Sonapur, Mouja-
Shobhapur, P.S.- Sonamura, District- Sepahijala, Tripura(Owner of the
vehicle No. TR-01-Y-1510 Bolero Pick Up)
..........Owner Respondent
For the Appellant (s) : Mr. S. Chakraborty, Advocate.
Mr. S. Das, Advocate.
For the Respondent(s) : Mr. S. Bhattacharjee, Advocate.
Mr. R. Debbarma, Advocate.
HON'BLE JUSTICE DR. T. AMARNATH GOUD
ORDER
04.12.2025
[1] Heard Mr. S. Chakraborty, learned counsel appearing for the
appellant as well as Mr. S. Bhattacharjee, learned counsel appearing for the
respondent Nos. 1 to 4.
[2] This present appeal has been filed under Section 173 of the
M.V. Act 1988 read with Section 168 of the Act, against the judgment and
award dated 30.11.2024 passed in T.S.(MAC) 11 of 2020 by learned Motor
Accident Claims Tribunal, Sepahijala District, Sonamura.
[3] The appellant has prayed for the following reliefs:-
i) Admit this Appeal;
ii) Call for records relevant to the subject matter of the case from the Learned Motor Accident
Claims Tribunal, Sepahijala District, Sonamura pertaining to the Case No. T.S. (MAC) 11 of
2020;
iii) After hearing the parties be pleased enough to set aside/quash and modify the impugned
judgment and award dated 30.11.2024, passed by Learned Motor Accident Claims Tribunal,
Sepahijala District, Sonamura in Case No. T.S. (MAC) 11 of 2020, and may be kind enough to
pass an appropriate order in terms of the law laid down by the Hon'ble Apex Court by passing
the various judgments in this regard, for the fair ends of justice.
iv) Pending disposal of the present appeal, stay the operation of the impugned judgment and
Award dated 30.11.2024 in case No. T.S. (MAC) 11 of 2020 , passed by the Learned Motor
Accident Claims Tribunal , Sepahijala District, Sonamura."
[4] The brief facts of the case is that on 27.05.2018 at about
6.00 am Alamgir Hossain Bhuiya(deceased) husband of the Claimant
respondent No.1 and father of the Claimant respondent Nos.2 to 4 was
boarded in the vehicle No.TR01Y-1510 (Bolero Pick up) at Indiranagar,
Melaghar along with his vegetable to sell the same in Bisramganj whole
sale market. There are other vegetable seller also boarded the said vehicle
along with their vegetable to sell Bishramganj market. The vehicle was
proceeding to the Bisramganj with a high speed. At about 6.30 am when the
said vehicle was negotiating a turning near Melaghar panch morti a little
distance from Melaghar Petrol pump station the vehicle turned upside down
beside the road causing serious injuries to Alamgir Hossain Bhuiya and
others.
[5] The learned Tribunal after hearing the parties and on perusal
of the material evidence on record has observed as under:
"ORDER
It is ordered that, a total amount of Rs.22,15,000/-(Twenty two lakh fifteen thousand) is awarded in
favour of the petitioner as compensation. The OP No.2, the Bajaj Allianz General Insurance Company
Limited is hereby directed to pay the compensation as awarded. The OP No.2 is also directed to pay the
interest @ 8% per annum on total awarded sum from the date of filing of this petition i.e. on 18.09.2020
till the date of realization.
Distribution of Compensation
All the claimants are entitled to get compensation. equally.
Protection Awarded Compensation
Fifty percent (50%) of the amount of compensation of claimant No.1 is to be deposited for five years and
the rest amount is to be released in her bank account.
As Claimant No.2 to 4 are minor, the whole amount of his compensation is to fixed deposited for 5 years
or till their attaining majority, which ever is later.
Furnish a copy of the award to both sides.
The case stands disposed of on contest."
[6] Being aggrieved and dissatisfied with the judgment and
award dated 30.11.2024 passed by the Ld. Motor Accident Claims
Tribunal, Sepahijala District, Sonamura, in T.S (MAC) No. 11 of 2020, the
present appeal has been preferred by the appellant- Insurance Company.
[7] Mr. S. Chakraborty, learned counsel submits before this
Court that the learned tribunal below failed to understand the registration
No. TR-01-Y-1510 of the vehicle already expired much before the accident
and also points out that at the time of accident the driver of the vehicle
was not holding a valid and effective driving license. He further submits
that the learned tribunal below assessed the monthly income of the
deceased to be Rs. 12,000/- per month following the High Court
Notification dated 4th August, 2023 where the accident occurred much
prior to this recent notification and thus, he prayed to reduce the same.
[8] Heard and perused the evidence on record.
[9] In view of the overall analysis made by the learned tribunal
below and after going through the material evidence in its entirety, this
Court is of the view that the assessment of compensation as awarded by the
learned tribunal below is just and proper and needs no interference thus,
the findings as arrived by the learned tribunal below stands affirmed. The
awarded amount shall be deposited by the insurance company within a
period of one month from today, if not already deposited. However, it is
made clear that on such deposit, the claimant respondents are entitled to
withdraw the same unconditionally as per procedure. Consequently, the
present appeal stands dismissed.
[10] Registry is directed to return the statutory amount of
Rs.25,000/- deposited by the appellant-Insurance company as per
procedure.
[11] As a sequel, miscellaneous application(s) pending if any,
shall stand closed.
DR. T. AMARNATH GOUD, J
Paritosh
SABYAS Digitally signed
by SABYASACHI
ACHI GHOSH
Date:
GHOSH 2025.12.06
15:56:27 +05'30'
