Tripura High Court
The Divisional Manager vs Mrs. Tripti Rani Roy (Saha) And 4 Others on 31 July, 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.35 of 2025
1. The Divisional Manager, the New India Assurance Co. Ltd.
..... Appellant
-V E R S U S-
1. Mrs. Tripti Rani Roy (Saha) and 4 Others.
.....Respondents.
B_E_F_O_R_E
HON'BLE JUSTICE DR.T. AMARNATH GOUD
For Appellant(s) : Mr. G. S. Das, Advocate.
For Respondent(s) : Mr. K. Deb, Advocate.
Mr. S. Deb, Advocate.
Mr. P. K. Dhar, Sr. Advocate.
Ms. P. Saha, Advocate.
Whether fit for reporting : NO
Judgment and order dated 31st July, 2025
JUDGMENT & ORDER [ORAL]
Heard.
[2] This is an application filed under Section-173 of the M.V. Act
against the impugned award dated 13.01.2025 passed in T.S. (MAC) 220 of
2019 by the learned Member, Motor Accident Claims Tribunal, No. 4, West
Tripura, Agartala, to reduce the awarded amount considering the notional
income of the deceased as per notification of this Court dated 4th August, 2023
in absence of any profession of the deceased and also to reduce the rate of
interest.
[3] The present appeal has been preferred against the judgment and
award dated 13.01.2025 passed by the learned MAC Tribunal No.4, West
Tripura, Agartala in T.S. (MAC) 220 of 2019 awarding Rs.29,24,500/- with 8%
interest. The learned tribunal denying the notification of this Court dated 4th
August, 2023, assessed the notional income of the deceased of Rs.25,000/- per
month without any basis which may kindly be reduced with the amount of
Rs.12,000/- per month as per guideline of this Court as notional income in
absence of any profession of the deceased considering the Pharmacist licence as
skilled worker. The rate of interest is also awarded @ 8% p.a. which is high and
may be reduced @ 7% p.a. As the award is high and excessive due to wrong
assessment of the learned tribunal denying the guideline of this Court and as
such the insurance company has preferred this appeal to reduce the awarded
amount considering the guideline of this Court as a skilled worker.
[4] The learned Tribunal after hearing the parties and on perusal of
the material evidence on record has observed as under:
"[20] In the result, present application under section 166 of the M.V.
Act,1988 filed by the claimants is allowed on contest with an award of ₹
29,24,500/- (Rupees Twenty-Nine Lakh Twenty-four Thousand
FiveHundred) only with 8 % simple interest from the date of filing of the
claim petition i.e., from 04.11.2019.
[21] The OP No.2 New India Assurance Co. Ltd. is directed to pay the
compensation amount as determined herein above within a period of 30
(thirty) days from the date of this award in terms of Section 168(3) of the
Act.
[22] The OP No.2 shall give notice of the deposit of the compensation
amount to the claimants and shall also file a compliance report with this
Tribunal within 15 days of the deposit.
[23] Apportionment of the compensation so awarded amongst the
claimants shall be as under:
(a) The claimant No. 1 Mrs. Tripti Rani Roy (Saha) being the widow of the
deceased shall get 40% of the award money.
(b) The claimants No. 2, 3 & 4 being minor children, each shall get 20%
therefrom.
[24] Out of the share of compensation including interest payable to the
claimant No. 1 Mrs. Tripti Rani Roy (Saha), a sum to the tune of 40% shall
be released to her by direct bank transfer and the rest 60 % shall be
invested by purchasing separate Fixed Deposit Certificate in her name
from any Nationalized Bank (preferably UCO Bank, District Court
Branch, Agartala) for a period of five years with auto renewal facility and
the claimant No.1 shall open savings account in the said bank, if not done
already and the interest accrued on the fixed deposit certificate shall be
directly transmitted to her savings account by the concerned bank. No loan
or advance or pre-mature withdrawal shall be allowed from the investment
of the FD without prior sanction of this Tribunal.
[25] Entire amount of the minor claimants No. 2, 3 and 4 shall be invested
by purchasing separate Fixed Deposit Certificates in their names from any
Nationalized Bank (preferably UCO Bank, District Court Branch,
Agartala) for a period of five years or till their attaining the age of 21
years, whichever is later, with auto renewal facility. No loan or advance or
pre-mature withdrawal shall be allowed from the investment of the FD
without prior sanction of this Tribunal."
[5] Being aggrieved by and dissatisfied with the same, the present
appeal has been preferred by the appellant-insurance company before this Court
for redress.
[6] Learned counsel appearing for the appellant has submitted that
the learned tribunal accepted the point of argument rose by the Insurance Co.
that the registration of Pharmacist licence is only the qualification of the
deceased which is not profession or earning income. The notification referred
to by the learned Counsel does not provide notional income of any such
professionals and therefore such guideline cannot be adopted in the present
case. But the learned tribunal ignoring the notification dated 4th August, 2023
considered the notional of Rs.25,000/- per month very illegally and arbitrarily.
[7] In the said notification, it is clearly stated "In the cases where no
income proof of the injured/deceased issued by the competent authority is
submitted, notional wages for determination of compensation in the claim
cases/appeals involving accidents which had taken place on or before
31.12.2015 and after 31.12.2015 shall be as follows". In the said notification
the notional wages of a skilled worker is Rs. 12,000/- per month. So, the
learned tribunal ought to have considered the income of the skilled worker as
the deceased had Pharmacist licence, but very illegally shifted the burden by
denying the said guideline of this Court.
[8] The learned tribunal considered the notional income of the
deceased of Rs.25,000/- per month without any basis and did not give any
clarification on what basis the said notional income is considered. It is stated in
the evidence that the deceased used to spent Rs.20,000/- per month for each
children, it means Rs.60,000/- per month, but in the claim petition the income
of the deceased was Rs.42,000/-. Hence it is made clear that the respondent
claimants created the story of expenses and income suppressing the facts and
has not come with clean hands. The learned tribunal below considering the rate
of interest @8% per annum on the awarded amount which is high and
excessive and hence the rate of interest has to be reduced with the rate of 7%
per annum.
[9] Here in this case let us first take the question as to whether the
claimants are entitled to get any compensation. Undisputedly, the claimants are
the legal representatives of the deceased as widow, sons and daughters. There is
no evidence that they were not dependant on the income of the deceased and
therefore, I am of the considered opinion that the claimants are entitled to get
compensation for loss of life of their predecessor due to wrongful acts of the
driver of the offending vehicle. In support of the age of the deceased, the
claimants have produced documents. Conceding that the claimants failed to
submit any document in support of income of the deceased, but from the
assertions made by the witnesses with regard to profession and income of the
deceased remained uncontroverted and same can be accepted.
[10] This Court finds that the accident and resultant death of the
victim was due to rash and negligent driving of the offending vehicle and thus,
the liability to pay the compensation would rest upon its owner. However, the
owner has proved valid and effective insurance policy (Ext. B) of his vehicle
issued by the insurer covering the date of accident. He also proved valid
registration certificate (Ext. A) of the offending vehicle. He also proved driving
licence (Ext. C) of the driver and all those documents are admitted by the
insurer. There is no evidence or argument as to breach of the policy conditions
and therefore, the insurer, in terms of the contract of insurance, is liable to pay
the compensation as awarded by the learned tribunal.
[11] In view of overall analysis made by the learned Court 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 Court
below is just and proper and needs no interference thus, the findings as arrived
at by the learned Court below stands affirmed. Regarding the interest part, the
learned tribunal below has awarded 8% per annum which is obviously on the
higher side. This Court in all matters is 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 observed by the
learned tribunal below along with 7.5% interest per annum instead of 8%
interest as awarded by the learned tribunal below, with effect from the date of
presentation of the claim petition till the date of actual payment.
[12] In the light of the above, the present appeal stands disposed of.
The awarded amount shall be deposited by the insurance company within a
period of one month from the date of receipt of the copy of this order, if not
deposited earlier. However, it is made clear that on such deposit; the claimants
are at liberty to withdraw the same unconditionally. As a sequel, miscellaneous
applications pending, if any, shall stand closed.
DR.T. Amarnath Goud, J
A.Ghosh
ANJAN GHOSH Digitally signed by ANJAN GHOSH
Date: 2025.08.04 16:44:55 +05'30'
