Tripura High Court
The United India Insurance Co. Ltd vs Smti. Champa Rani Saha And Others on 17 January, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 5
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
MAC. App. No.94 of 2023
The United India Insurance Co. Ltd.
.....Appellant
_V_E_R_S_U_S_
Smti. Champa Rani Saha and Others
.....Respondents
For Appellant(s) : Mr. P. Gautam, Advocate.
For Respondent(s) : Mr. D. Biswas, Advocate.
Date of hearing and
Judgment and order : 17.01.2025
Whether fit for reporting : YES
HON'BLE MR. JUSTICE T. AMARNATH GOUD
_F_I_N_A_L_O_ R_ D_ E_ R_
Heard Mr. P. Gautam, learned counsel appearing for the appellant-
insurance company also heard Mr. D. Biswas, learned counsel appearing for the
respondents.
[2] This is an application filed under Section-173 of Motor Vehicles Act,
1988 read with Section-168 of the Act ibide, against the impugned judgment and
award dated 30.09.2022 passed by the learned Motor Accident Claims Tribunal
No.2, Dhalai Judicial District, Ambassa, in connection with case No. TS(MAC) 06
of 2017.
[3] The facts in brief are that on 01.03.2016 at about 01.30 pm when the
driver namely Kajal Saha (Now deceased) was returning from FCI Go-down in
Thalcherra in a TATA Truck bearing registration No. TR-02C-1655 (TATA-709)
near the Thalcherra TSR Camp, he lost control over the vehicle and met with an
accident as a result of which both he and his assistant suffered serious injuries.
Subsequently they were shifted to GBP Hospital for medical treatment. But
unfortunately the driver Kajal Saha succumbed to his injuries on 03.03.2016. After
that a written complain qua the said accident was registered at Chawmanu P.S vide
case No. 04/2016 U/S 279/338/427/304(A) of IPC, dated 03.03.2016. Thereafter
the claimants filed a claim petition before the learned Motor Accident Claims
Tribunal, Tribunal No.2, Dhalai Judicial District, Ambassa vide Case No. T.S.
(MAC) 06 of 2017 and the learned Tribunal awarded a compensation of Rs.
18,47,700/- in favour of the claimants.
[4] The learned Tribunal after hearing the parties and on perusal of the
material evidence on record has observed as under:
"26. The instant application u/s 166 of the Motor Vehicle Act filed by the
claimants/ petitioners is thus partly allowed and a sum of Rs. Rs. 18,47,700/-
(rupees eighteen lacs forty seven thousand and seven hundred) only along with
interest @ 6% per annum from the date of filing of the claim petition i.e. from
06.05.2017 till the date of payment is awarded in favour of the claimants/
petitioners as compensation for the death of Kajal Saha, S/O-Late Chitta
Ranjan Saha in a road traffic accident as aforesaid and this amount shall be
paid wholly by the O.P No.2 (United India Assurance Co. Ltd.) within a period
of one month from today.
27. Out of the said amount of Rs.18,47,700/-, 40% i.e. Rs. 7,39,080/- shall be
payable to the widow of the deceased and 20% of the awarded amount i.e. Rs.
3,69,540/- shall be payable to each of the three daughters of the deceased. In
the event of deposit of the awarded amount, Rs. 1,00,000/- (rupees one lakh)
shall be released in favour of the wife of the deceased namely Smt. Champa
Rani Saha(out of her respective share) and Rs. 50,000/- (rupees fifty thousand)
shall be released in favour of his major daughter Miss. Chameli Saha (year of
Birth 2003/ out of her respective share) in their bank accounts immediately for
enabling them to meet any necessary / urgent expenses and the rest of the
amount shall be kept in Fixed Deposit Schemes in any nationalized bank for a
period of 05 (five) years in the separate names of the wife and the major
daughter as per their respective shares. The greater amount of Rs.1,00,000/-
(rupees one lakh) is purposely being released in favour of the wife of the
deceased as the primary responsibility of looking after her other minor
daughters falls on her.
28. As far as the youngest minor daughter (namely Miss. Purnima Saha, year of
Birth 20101 is concerned, her share 120% of the total awarded amount) shall be
kept in a Fixed Deposit Scheme in any nationalized bank till the date of her
attaining majority (2028).
29. As far as the minor daughter Miss. Sneha Saha year of birth 2007 is
concerned, her share (20% of the total awarded amount) shall be kept in a
Fixed Deposit Scheme tin her separate name) in any nationalized bank for a
period of 05 (five years i.e. till October, 2027).
30. No loan or advance or pre-mature withdrawal of the Fixed Deposited
Amount shall be permitted against the concerned Fixed Deposit Accounts nor
shall any joint name be allowed nor shall any check-book/ ATM/ Debit Card/
Credit Card be issued against the said Fixed Deposit Accounts without the
permission of this Tribunal.
31. Interest of all the Fixed Deposits is to be released in favour of all the
claimants as and when it accrues by direct credit in their respective bank
accounts. All the original F.Ds shall be retained by the bank for a period of 05
years.
32. However, the Periodical Bank Statements containing the Fixed Deposit
numbers, the Deposited amount, dates, maturity amounts, etc. shall be
furnished by the bank to the claimants/ petitioners as and when they are due.
33. The claimants/ petitioners shall be at liberty to approach this Tribunal for a
release of any further extra amount in the event of financial exigency.
34. Let a copy of this award be furnished to all the parties through their Ld.
Counsels.
35. The claim is thus disposed of on contest and stands partly allowed."
[5] Being aggrieved by the perverse, mechanical and illegal Judgment
and award dated 30.09.2022, passed by the learned Motor Accident Claims
Tribunal, Dhalai Judicial District the appellant, The United India insurance co. filed
the present appeal.
[6] Learned counsel appearing for the appellant has submitted that from
the final report it transpires that the accident took place due to rash and negligent
driving of the deceased being the husband of claimant No.1 and father of the
claimant respondent Nos.2, 3 and 4 and to succeeded a claim under 166 of the MV
Act, rash and negligent driving is a condition precedent but in the present case
when the deceased driving himself was responsible for the accident and the
accident took place due to own negligence of the driving as such the claim petition
under Section-166 of the MV Act is not at all maintainable.
[7] It has been further contended that the claim ought to have been filed
as per provision of Employees Compensation Act. As the instant policy of the
appellant was a package policy and there was additional coverage of paid driver. So
as per policy the driver had wider liability and the learned tribunal is to consider
this aspect of the statutory provision of MV Act. As well as policy conditions in
deciding the claim petition or the instant claim petition ought to have been filed
under Section-163 A of the MV Act, but without doing so most illegally in contrary
to the provision of MV Act and the policy conditions and the nature of policy, the
tribunal in a perverse and arbitrary manner decided the case under Section-166 of
the M.V. Act and awarded compensation of Rs.18,47,700/-.
[8] Without following the statutory provision of MV Act, nature of the
policy and the final report wherein it is established that due to own fault of the
deceased being the driver the accident occurred and most illegally decided the case
under Section-166 of the MV Act and passed an exorbitant amount of
compensation along with stipulated rate of interest is unsustainable and does not
stand in law and is liable to be interfered with for the ends of justice.
[9] Having heard the learned counsel appearing for the parties and gone
through the observations in its entirety, it is seen that the insurance company, the
appellant herein, has not pleaded the applicability of Section-163A of the MV Act
as against the claim petition which has been filed under Section-166. The insurance
company has not made itself available for leading the evidence as a defendant.
There is no supportive evidence to plea that it was the rash and negligent driving
and the mistake of the driver. In the absence of such documents and the evidence
before the Court, this Court finds no force to re-appreciate the evidences once
again.
[10] In the light of the above, this Court is of the view that the
learned Court below has assessed the compensation in a reasonable and
justifiable way. In view of above discussion and observation, the present
appeal stands dismissed consequently, the award of compensation as assessed
by the learned tribunal stands affirmed. The awarded amount shall be
deposited within a period of one month from the date of receipt of the copy
of this order, if not deposited earlier and on such deposit; the claimant-
respondents are at liberty to withdraw the same unconditionally.
[11] However, it is seen from the record that on behalf of the insurance
company written statement is filed and no person entered into the witness dock to
adduce their evidence. It is to be seen that the amount of compensation which is
being disbursed is from the insurance company and it runs with the premiums paid
by the policy holders and obviously the amounts of disbursement would again fall
as a burden on the subsequent year for making the payment of premium upon the
other policy holders of the insurance company. It is undoubtedly the public money.
But for the non-functioning of the erred officers the insurance companies are facing
the disbursement of huge amounts. No doubt genuine claimants might be entitled
for the compensation as decided by the Hon'ble Apex Court of India and even
under Act and rules. But it is not right on the part of the officers not to avoid
pursuing the litigation before the Courts and for statistical purpose, to file appeals
in the High Court and to wash away with their responsibility.
[12] Mere filing of an appeal does not exonerate the concerned officers
from not performing their duties and not cooperating with the accident tribunal in
its judicial proceedings. This Court takes a serious note of the same and directs the
insurance company to pay the amounts of compensation to the appellants and
recover the said amount of compensation from the concerned employees who are
responsible by all means dealing with this O.P. But for the lapses of the officers of
insurance company drawing salaries, pension and incentives, the institution, the
United India Insurance Company Ltd., should not be burdened to pay the
compensation.
[13] The copy of this order be communicated to the (i) Chairman of the
United India Insurance Company Ltd. 24 Whites Road, Chennai, 600014,
(ii)Managing Director, 24 Whites Road, Chennai, 600014, (iii)Regional Manager,
Chibbar House, Floor No.1, G.S. Road near Dispur Post Office, Kamrup, Assam,
Guwahati-781005 (iv)Zonal Manager and (v) Branch Manager Agartala Divisional
Office, Old RMS Chowmohani.
T. AMARNATH GOUD, J
A. Ghosh
