[Cites 7, Cited by 0]
Tripura High Court
Magma Hdi vs ) Smt. Pinki Debbarma on 11 December, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
MAC App.83 of 2025
Magma HDI, General Insurance Company Ltd.,
Represented by its General Manager,
Magma House, 24 Park Street,
Kolkata-700016, West Bengal
Loçal office at Netaji Chowmuhani,
within the building of HDFC Bank,
P.O. Agartala, P.S. West Agartala,
District West Tripura, PIN-799001
{Insurer of TR-03L-9661 (Motor Cycle)}
..............Appellant
VERSUS
1) Smt. Pinki Debbarma
D/O. Lt. Anjan Kr Debbarma,
2) Sri. Biralal Debbarma,
S/O. Lt. Anjan Kr Debbarma,
3) Sri. Sushanta Debbarma
S/O. Lt. Anjan Kr. Debbarma,
4) Sri Rajesh Debbarma
S/O. Lt. Anjan Kr. Debbarma,
All are residents of Sarat Chandra Para,
PO- South Takma, P.S. Santirbazar, Dist.- South Tripura
(As claimant-petitioner Nos. 2 to 4 are minors, their elder sister
represents them to conduct the case on behalf of them as their natural
guardian).
.........Claimant Respondents
5) Sri. Kabir Hossen,
S/O.- Late Abul Kasam
Resident of Kuku Charra, Samuk Charra,
P.S.- Kakraban, District Gomati Tripura,
(Rider of Pulsur, TR-03L-9661 (Motor Cycle),
6) Sri. Badal Noatia
S/O.- Bishu Nanda Noatia
of Bhuduri Pathar,
P.S.- Kakraban, District- Gomati Tripura,
(Owner of Pulsur, TR-03L-9661 (Motor Cycle).
.............Owner- Respondent
Page 2 of 8
For Appellant(s) : Mr. Rajib Saha, Advocate
For Respondent(s) : Mr. Purusuttam Roy Barman, Sr. Advocate
Mr. Samarjit Bhattacharjee, Advocate
Mr. Kawsik Nath, Advocate
Ms. Aradhita Debbarma, Advocate
Mr. Dipjyoti Paul, Advocate
C.O.(F.A.) 13 of 2025
in MAC App. No. 83 of 2025
1. Smt. Pinki Debbarma
D/O. Lt. Anjan Kr Debbarma,
2. Sri. Biralal Debbarma,
S/O. Lt. Anjan Kr Debbarma,
3. Sri. Sushanta Debbarma
S/O. Lt. Anjan Kr. Debbarma,
4. Sri Rajesh Debbarma
S/O. Lt. Anjan Kr. Debbarma,
All are residents of Sarat Chandra Para, PO- South Takma, P.S.
Santirbazar, Dist.- South Tripura (Claimant-petitioner Nos. 2 to 4 being
minors, representing through their elder sister, the petitioner No.1 to
conduct the case on behalf of them as their natural guardian).
........ The Cross-objectors (claimants)
VERSUS
1. The Branch Manager,
Magma HDI General Insurance Company Ltd.,
Kachari Road, Bashdahar, Hailakandi,
Assam 788151, (Insurer of Pulsur, TR-03L-9661)
2. Sri Kabir Hossen,
S/o Late Abul Kasam,
R/o Kuku Charra, Samuk Charra,
P.S. Kakraban, District- Gomati Tripura, (Rider of
Pulsur, TR-03L-9661),
3. Sri Badal Noatia,
S/O. Bishu Nanda Noatia of Bhuduri Pathar, P.S.
Kakraban, District- Gomati Tripura, (Owner of
Pulsur, TR-03L-9661)
.........Respondents
Page 3 of 8
For Cross-Objector(s) : Mr. Purusuttam Roy Barman, Sr. Advocate
Mr. Samarjit Bhattacharjee, Advocate
Mr. Kawsik Nath, Advocate
Ms. Aradhita Debbarma, Advocate
Mr. Dipjyoti Paul, Advocate
For Respondent(s) : Mr. Rajib Saha, Advocate.
Date of hearing and delivery
of judgment and order : 11.12.2025
Whether fit for reporting : YES/NO
HON'BLE JUSTICE DR. T. AMARNATH GOUD
JUDGMENT & ORDER (ORAL)
[1] The present appeal being MAC App.83 of 2025 is filed seeking the
following reliefs:
"(i) Admit the Appeal;
(ii) Call for the case records from the Learned Motor Accident Claims Tribunal, South
Tripura, Belonia, in Case No. T.S (MAC) 07 of 2023,
(iii) After hearing the parties be pleased enough to set aside/quash and modify the
impugned judgement and award dated 27.05.2025, passed by the Learned Tribunal below
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 27.05.2025 in Case No. T.S. (MAC) 07 of 2023, passed by the Learned
Motor Accident Claims Tribunal, South Tripura, Belonia,
AND
Pass such other order or orders as the Hon'ble High Court may seem fit and
proper........................"
[2] On the other hand, the present cross-objection being C.O.(F.A.) 13 of
2025 in MAC App. No. 83 of 2025 has been preferred by the cross-objectors seeking
the following reliefs:
" Under the circumstances, stated above, it is humbly prayed, that, the Hon'ble High
Court would be kind and gracious enough to :-
a) Admit the instant Cross Objection under Order-41 Rule-22 of CPC read with Section 173
of the Motor Vehicles Act, 1988, against MAC Appeal No. 83 of 2025 filed by the
Insurance Company namely Magma HDI General Insurance Company Ltd. challenging the
Award, dated, 27.05.2025, passed in TS (MAC) 07 of 2023, passed by the L'd Motor
Accident Claims Tribunal, South Tripura, Belonia, in Case No.T.S. (MAC) 07 of 2023, for
enhancement of the awarded amount of compensation
b) Issue notice upon the Respondents;
c) Call for the records of T.S. (MAC) 07 of 2023 from the file of the L'd Motor
Accident Claims Tribunal, South Tripura, Belonia;
AND
The Hon'ble High Court may also pass any other or further order/orders as may be
considered fit and proper......................"
[3] Since both the appeal and cross-objection arise from the same judgment
and award and the similar question of fact and law are involved, accordingly, both
the appeal and cross-objection are heard and taken up together for adjudication and
disposal in a common order.
[4] The brief facts of the case as enumerated before the tribunal, is that on
22.11.2022 at about 16.30 hours the deceased of the case was proceeding towards
Santirbazar from her house in a motor cycle bearing registration No.TR-03L-9661,
as a pillion rider and on the way when she reached at Naringfung, Manakhu Para, the
said motorcycle got accident, as the rider of the said motorcycle lost control of the
speed over his motorcycle. In the said accident, deceased, firstly sustained grievous
injuries on her person and shifted to South Tripura District Hospital, Santirbazar for
treatment. The attending doctors there after examination referred her to AGMC &
GBP Hospital, Agartala considering to the gravity of her injuries sustained in the
said accident. Thereafter, on 24.11.2022 the victim of the said accident succumbed
to her injuries at AGMC & GBP Hospital, Agartala.
[5] A specific case was registered vide STB PS Case No.30/2022, under
section 279/304A of IPC and 184 of MV Act on the above mentioned accident
against the rider of the offending motorcycle bearing registration No. TR-03L-9661.
The claimant petitioners, are the sons and daughters of the deceased. The claimant
petitioners in the suit approached the tribunal seeking compensation due to death of
the their mother and quantified the claim in the suit to the tune of Rs.56,56,000/-.
[6] The OP No.1 i.e. the rider & OP No.2 i.e. the owner of the offending
motorbike by filing written statement contested the suit and denied all the allegations
of the claimed petition as claimed by the claimant petitioners, inter alia, that the
offending motorbike was not involved with the alleged accident and thereby, the
claimant petitioners are not entitled to get any compensation in the suit. OP No.3 i.e.
the insurer of the offending motorbike also by filling written statement denied all the
allegations as claimed by the claimant petitioners and contended that the said
accident occurred due to rash and negligent riding of OP No.1 and also critical of
having valid driving license by OP No.1. OP No.3 again subjected the claimant
petitioner to prove the suit with strict documentary evidences and further contended
that OP No.3 is not liable to pay any compensation to the claimant petitioners as
claimed in the suit.
[7] Thereafter, learned Court below upon hearing the parties and on perusal
of the material evidence on record, decided the case by its judgment and award dated
27.05.2025 passed in T.S. (MAC) 07 of 2023. The relevant contents of the said
judgment and award are extracted as under:
".........12(b). Now, in view of the aforesaid principles of law this tribunal proceed to
calculate the appropriate compensation in the present case as under:-
(I) Income per month = Rs.15,000/- only.
(11) 40% of above to be added as future prospect: Rs.6,000/-only.
(III) The sum total of (I) and (11) works at:- Rs. 21,000/- only.
(IV) 1/4th of above to be deducted as personal and living expenses of deceased :-
Rs.21,000/- minus Rs.5,250/- = Rs.15,750/- only.
(V) compensation after applying multiplier of 16:- Rs.15,750x12x16=30,24,000/-only.
(VI) Loss of Estate = Rs.15,000/-only plus 20%=18000/-
(VII) Funeral expenses= Rs. 15,000/- only plus 20%=18000/-.
12(c). Thus, total compensation stands at Rs.30,24,000/- +18,000 + 18,000 =
Rs.30,60,000/- only.
Now coming to the question of liability, it appears that the OP No.1 and 2 being
rider and the owner of the offending motorcycle, respectively, have claimed that on the
relevant date and time of accident the offending motorcycle having valid certificate of
registration was insured with the OP No.3 and in support of their contention they proved
the policy of insurance(Exbt.B), as well as, the valid registration(Exbt.A) and driving
licence(Exbt.C).
Having regard to the circumstances as referred to above and as discussed, this
tribunal is of the considered opinion that OP No.3 being the insurer of the offending
motorcycle is liable to pay the compensation to the claimant petitioners. Accordingly issue
under consideration stands answered to the extent as indicated above.
In view of the issues as discussed and decision arrived therein, this tribunal had
here-in-above, order and direct as follows:-
13. ORDER
In the result, claim is awarded in following terms :-
(I) Claimant petitioners are entitled to get the award of Rs.30,60,000/- only. (Thirty
lakh sixty thousand) only in equal share each of petitioners with 6% Simple interest
per annum from the date of registration of claim i.e, w.e.f 05.04.2023 till the date of
realization thereof.
(ii) 50% of the share each of the claimant petitioners in the award shall be invested
by purchasing separate Fixed Deposit certificate from any Nationalized Bank at
least for the next 5 years and no loan or advance or pre-mature withdrawal shall be
allowed without prior sanction of this Tribunal. However, the claimant petitioner
shall have the liberty to withdraw the monthly interest therefrom. Rest part of
award be directly transferred to their individual bank account,
iii) The OP No.3, i.e., The Magma HDI General Insurance Company Limited shall
deposit the awarded amount along with interest thereon within one month to this
Tribunal. ................."
[8] Heard learned counsel appearing for the respective parties and perused
the record.
[9] Upon hearing the submissions made at the Bar and on perusal of the
material evidence on record, this Court is of the opinion that as per the Notification
dated 4th August, 2023 issued by the Registry of the High Court of Tripura, monthly
income of a deceased skilled worker, in the absence of any proof of income, would
be fixed at Rs.12,000/- per month. In the present case, it is reflected in the paragraph
12 of impugned order dated 27.05.2025 passed by the learned tribunal that there was
no evidence as to income of the deceased, however, the oral evidence so adduced
before the Court below suggest that the deceased was a gardener-cum-rubber tapper
by profession and used to earn Rs.25,000/- or more per month. Thus, the monthly
income of the deceased as fixed by learned Tribunal below at Rs.15,000/- per month
is reduced to Rs.12,000/- per month.
[10] It is observed that learned Court below has not awarded for of loss of
consortium in favour of the claimants who are the dependents of the deceased being
her sons and daughter. Hence, this Court is of the opinion that ends of justice would
be met if an amount of Rs.40,000/- be awarded to each of the claimants under the
head of „loss of consortium‟ following the principle laid down by the Hon‟ble Apex
Court in Magma General Insurance Co. Ltd. V. Nanu Ram Alias Chuhru Ram &
others reported in (2018) 18 SCC 130.
[11] It is also opined that since the deceased had died on 24.11.2022 i.e. 3
years have already been elapsed after the death, ends of justice would be met, if
enhancement in the compensation under conventional heads, i.e. loss of estate,
funeral expenses and loss of consortium is enhanced by 10% in every three years is
applied following the principle laid down by the Hon‟ble Supreme Court passed in
National Insurance Company Limited vs. Pranay Sethi & others, AIR 2017 SC
5157.
[12] It is also observed that the learned Tribunal by its Order dated
27.05.2025 passed in T.S. (MAC) 07 of 2023 has fixed rate of interest @ 6% per
annum on the awarded amount, which according to this Court is on the lower side.
This Court in all similarly situated matters is fixing 7.5% per annum simple interest
on the awarded amount to maintain the uniformity considering the present bank rate
of interest. Thus, in the present case also, 7.5% per annum simple interest would be
fixed instead of 6% per annum interest as fixed by the learned Tribunal.
[13] Hence, the impugned award passed by the learned Tribunal
below is re-calculated as under:
RE-CALCULATION
(I) Income per month = Rs.12,000/- only.
(11) 40% of above to be added as future prospect: Rs. 4,800/-only.
(III) The sum total of (I) and (11) works at:- Rs. 16,800/- only.
(IV) 1/4th of above to be deducted as personal and living expenses of deceased:-
Rs. 16,800/- minus Rs.42,00/- = Rs.12,600/- only.
(V) Compensation after applying multiplier of 16:- Rs.12,600 x 12 x 16=
Rs.24,19,200/-only.
(VI) Loss of Estate = Rs.15,000/-only plus 10%=Rs.16,500/-
(VII) Funeral expenses = Rs. 15,000/- only plus 10%= Rs.16,500/-.
(VIII) Loss of consortium = (Rs.40,000/- x 4) only plus 10% = Rs.1,76,000/-.
Thus, the total amount to be awarded to the claimants comes to
[Rs.24,19,200/- + Rs.16,500/- + Rs.16,500/- + Rs.1,76,000/-] = Rs.26,28,200/-.
[14] Thus, the re-calculated total award to be received by the claimants from
the appellant insurance company would be Rs.26,28,200/- with 7.5% interest per
annum from the date of filing of claim petition before the Court below. It is made clear
that insofar as other aspects of the impugned award passed by the learned Court below
dated 27.05.2025 passed in T.S. (MAC) 07 of 2023 are concerned, the same need no
interference and the same shall remain unaltered.
[15] Accordingly, the award passed by the learned Tribunal is modified to
the extent as indicated above. Hence, the present appeal is hereby disposed of. The
cross-objection filed by the claimants shall also stand disposed of. The modified
awarded amount of Rs.26,28,200/- only with 7.5% interest per annum shall be
deposited by the insurance company within a period of one month from today, if not
already deposited. On such deposit, the claimants would be at liberty to withdraw the
same unconditionally as per procedure.
[16] As a sequel, miscellaneous application(s), pending if any, shall also
stand closed.
DR. T. AMARNATH GOUD, J.
Sabyasachi. G.
SABYASACHI GHOSH Digitally signed by SABYASACHI GHOSH
Date: 2025.12.12 12:45:17 +05'30'
