Shriram General Insurance Company Ltd vs Smti. Laxmi Roy Deb And 4 Others
2025 Latest Caselaw 772 Tri

Tripura High Court

Shriram General Insurance Company Ltd vs Smti. Laxmi Roy Deb And 4 Others on 28 May, 2025

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                                       Page 1 of 4




                        HIGH COURT OF TRIPURA
                           A_G_A_R_T_A_L_A
                            MAC. App. No.11 of 2025

1.     Shriram General Insurance Company Ltd.
                                                                     ..... Appellant

                                   -V E R S U S-
1.     Smti. Laxmi Roy Deb and 4 Others.

                                                                   .....Respondents.

B_E_F_O_R_E HON'BLE MR. JUSTICE T. AMARNATH GOUD

For Appellant(s) : Mr. P. Ghosh, Advocate.

For Respondent(s)             :        Mr. S. Datta, Advocate.
Whether fit for reporting     :        NO

                 Judgment and order dated 28th May, 2025
                       JUDGMENT & ORDER [ORAL]
              Heard.

[2]           This is an application filed under Section-173 of the Motor

Vehicles Act, 1988 against the judgment dated 28.11.2024 passed in connection with case No. T.S. (MAC) 101 of 2021 by the learned Member, Motor Accident Claims Tribunal, No.4, West Tripura, Agartala awarding Rs.32,24,000/- with 8% interest per annum from the date of filing of the claim petition.

[3] The appellant has prayed for the following reliefs:

a. Admit the appeal.

b. Call for the lower Court record of Case No. T.S.(MAC) 101 of 2021 from the Court of Ld. Member, Motor Accident Claims Tribunal, Tribunal No.4, West Tripura, Agartala.

c. Issue notice upon the respondents.

AND

d. After giving an opportunity both the your Lordship may be pleased to set aside the impugned judgment/award dated 28.11.2024 passed by the Ld. Member, Motor Accident Claims Tribunal, Tribunal No.4, West Tripura, Agartala, in case No. T.S. (MAC) 101 of 2021.

AND

e. In the meantime be pleased to stay the further proceedings of case No. T.S. (MAC) No.101 of 2021."

[4] The facts in brief are that on 20.11.2017 at about 5-30 a.m. the victim Biplab Deb was proceeding to his work place at Bishalgarh by boarding an Auto Rickshaw bearing registration No.TR-01-D-1956 and the said auto rickshaw was being driven at slow speed very carefully. But when the auto rickshaw reached near Hapania Industrial Fair ground on the Agartala- Bishalgarh road, the offending Bolero Maxi Truck No.TR-07-1629 came from opposite direction being driven at high speed in rash and negligent manner dashed the auto rickshaw on the wrong side of the road, as a result of which Biplab Deb sustained serious injuries. Soon after the accident the victim Biplab Deb was taken to Tripura Medical College and Dr. BRAM Teaching Memorial Hospital, Hapania and subsequently he was referred to the AGMC & GBP Hospital, but within few hours Biplam Deb succumbed to his injuries at the AGMC & GBP Hospital, Agartala.

[5] Thereafter an FIR was registered at Amtali Police Station vide Amtali PS case No. 118 of 2017. Thereafter, the petitioner filed a suit seeking compensation to the tune of Rs.58,60,000/-against the Insurance Company. But, the learned Court below, after hearing both sides, awarded an amount of Rs 32,24,000/- (Rupees Thirty two Lakhs Twenty Four Thousand) only along with 8% interest per annum in favour of the claimants.

[6] The learned Tribunal after hearing the parties and on perusal of the material evidence on record has observed as under:

"19. In the result, the application under section 166 of the M.V. Act,1988 filed by the claimants is allowed on contest with an award of Rs. 32,24,000/- (Rupees Thirty-two Lakh Twenty-four Thousand) only with 8% simple interest from the date of filing of the claim petition i.e., from 22.07.2021.

20. The noticee Shriram General Insurance Co. Ltd. shall pay the compensation amount as determined herein above. Payment shall be made within a period of 30 (thirty) days from the date of this award in terms of Section 168(3) of the Act.

21. The noticee insurer shall give notice of the deposit of the compensation amount to the claimant and shall also file a compliance report with this Tribunal within 15 days of the deposit.

22. Apportionment of the amount of compensation shall be as under:

(a) The claimant No. 1 being the widow of the deceased shall get 40% of the award money;

(b) The claimants No. 2, 3 & 4 shall get 20% each from the award money.

23. To ensure protection of the compensation, the following direction is made for disbursement of the compensation:

a) From the share of the claimant No.1, an amount of Rs.

3,00,000/(Rupees Three Lakh) only shall be directly paid to her by transfer to her individual bank account and the rest amount shall be invested in her name in fixed deposit for a period of 5 years in any nationalised bank, preferably the UCO Bank, District Court Branch, Agartala with auto renewal facility.

b) From the share of the claimant No. 4, an amount of Rs. 1,00,000/(Rupees One Lakh) only shall be directly paid her by transfer to her individual bank accounts and the rest amount shall be invested in her individual name in fixed deposit for a period of 5 years in any nationalised bank, preferably the UCO Bank, District Court Branch, Agartala with auto renewal facility.

c) Whole amount in the share of the claimants No. 2 and 3 being minors be invested in fixed deposit for a period 5 years with auto-renewal, till they attain the age of 21 years.

d) No loan or advance or pre-mature withdrawal shall be allowed from the FD without prior sanction of this Tribunal. The interest accrued on the fixed deposits of the claimants No.1 and 4 shall be directly transferred to their savings bank accounts by the concerned bank."

[7] Being aggrieved and dissatisfied with the award, the appellant insurance company has preferred the present appeal before this Court for redress.

[8] Having regard to the assessment of compensation as assessed by the learned tribunal is just and proper and needs no interference as the reasoning given in the award itself is sufficient as such, the assessment of award shall remain unaltered. 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. Thus, the present appeal stands partly allowed as indicated above.

[9] In the light of the above, the present appeal stands partly allowed. 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. However, it is made clear that on such deposit; the claimants are at liberty to withdraw the same unconditionally.

[10] As a sequel, miscellaneous applications pending, if any, shall stand closed. Draw the decree accordingly and thereafter, send down the LCRs forthwith.

T. Amarnath Goud, J

A.Ghosh ANJAN GHOSH Digitally signed by ANJAN GHOSH Date: 2025.05.30 14:43:25 +05'30'