Tripura High Court
The Divisional Manager vs ) Majeda Khatun on 3 November, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
MAC.APP. NO.56 OF 2025
The Divisional Manager,
Bajaj Allianz General Insurance Company Limited
2B, 2nd Floor, Centre point, G.S. Road Ulubari (opposite Bora Service
Station), Guwahati-781007, Assam (Insurer of the vehicle No. TR-01-S-5453
(Hunk Bike).
.... Appellant.
VERSUS
1) Majeda Khatun,
W/O Gafur Miah.
2) Gafur Miah,
S/O Late Chan Miah.
Both are the residents of
Vill-Bejimara, PO- Sonamura
District- Sepahijala Tripura, Pin-799131
.........Claimant Respondents
3) Union of India
Represented by the Secretary to the Home Department, Joyshing Marg,
Hanuman Road Area, Cannaught Place, New Delhi-110001.
4) Director General of Border Security Force,
Block No.-10 CGO Complex, Lodhi Road, New Delhi-110003.
5) The Comandant, 74 Bn. BSF,
Fatikcherra, Mohanpur, PO/PS- Mohanpur, District- West Tripura, Pin-
799100 Resident of Village- Sonapur, Mouja- Shobhapur, P.S.- Sonamura,
District- Sepahijala, Tripura
(The authority of vehicle bearing No.- TR-02-1930 of BSF being its owner)
6) Sri Kamal Kar,
S/O Swapan Kar,
of Srimantapur, P.O. & P.S.- Sonamura,
District Sepahijala Tripura, Pin-799131
(Owner of the vehicle No.TR-01-S-5453 Hunk Bike)
....... Owner Respondents.
For the Appellant(s) : Mr. S. Chakraborty, Advocate.
Mr. S. Das, Advocate.
For the Respondent(s) : Mr. B. Majumder, Deputy SGI.
Mr. S. Bhattacharjee, Advocate.
Mr. S. Datta, Advocate.
Mr. F. Miah, Advocate.
Mr. P. Goswami, Advocate.
Date of hearing and delivery of
Judgment & Order : 03.11.2025
Whether fit for reporting : YES/NO.
HON'BLE JUSTICE DR. T. AMARNATH GOUD
J U D G M E N T & O R D E R(ORAL)
1. This present appeal has been filed by the appellant-
insurance company, challenging the judgment and award dated 12.12.2024
passed by the learned Motor Accident Claims Tribunal, Sepahijala District,
Sonamura, in Case No. T.S. (MAC) 32 of 2021.
2. The brief facts of the case are that on 06.06.2017, the victim,
namely Hanif Miah, at about 18:13 hours, boarded a vehicle bearing
registration No. TR-01-S-5453 (Hunk Bike) as a pillion rider. When they
reached near the Boxanagar Forest Office on the Boxanagar-Bishalgarh
main road, under Kalamchoura Police Station, a vehicle bearing
registration No. TR-02-1930 (a BSF vehicle) coming from the opposite
direction dashed against and knocked down the said motorbike on which
the victim was riding as a pillion passenger, pushing it to the middle of the
road. As a result of the impact, the victim, Hanif Miah, fell down from the
motorbike and came under the BSF vehicle bearing registration No. TR-02-
1930, sustaining grievous injuries, while the rider, Kamal Kar, also
sustained injuries. The victim, Hanif Miah, was taken to Boxanagar CHC,
from where he was referred to TMC Hospital, Hapania, and thereafter to
AGMC & GBP Hospital, where he succumbed to his injuries on
07.06.2017. The claimant-respondents, on 24.09.2021, filed an application
under Section 166 of the Motor Vehicles Act, 1988, seeking compensation
of Rs.13,60,000/- for the death of the victim, Hanif Miah, in the said road
traffic accident which occurred on 06.06.2017. After hearing the parties
and upon conclusion of the trial, the learned Tribunal passed the judgment
and award dated 12.12.2024, whereby and whereunder the petition under
Section 166 of the Motor Vehicles Act was allowed. The claimant-
respondents were awarded a sum of Rs.7,05,000/- (Rupees Seven Lakh
Five Thousand) only, to be paid within 30 days from the date of the
judgment, with interest at the rate of 8% per annum from the date of filing
of the claim application.
3. As the award was on the higher side and erroneous,
the appellant-insurance company preferred the present appeal seeking the
following reliefs.
"i) Admit this Appeal;
ii) Call for records relevant to the subject matter of
the casefrom the Learned Motor Accident Claims Tribunal,
Sepahijala District, Sonamura pertaining to the Case No. T.S. (MAC)
32 of 2021;
iii) After hearing the parties be pleased enough to set
aside/quash and modify the impugned judgment and award dated
12.12.2024, passed by Learned Motor Accident Claims Tribunal,
Sepahijala District, Sonamura in Case No. T.S. (MAC) 32 of 2021,
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 12.12.2024 in
Case No. T.S. (MAC) 32 of 2021, passed by the Learned Motor
Accident Claims Tribunal, Sepahijala District, Sonamura;
v) Pass any other order/orders as this Hon'ble High
Court may deem fit and proper."
4. Heard Mr. S. Das, learned counsel appearing for the
appellant, as well as Mr. B. Majumder, learned counsel appearing for the
official respondents No. 3, 4, and 5, Mr. S. Bhattacharjee, learned counsel
appearing for respondents No. 1 and 2, and Mr. S. Datta, learned counsel for
respondent No. 6.
5. Mr. Das, learned counsel for the appellant, submitted
that the learned Tribunal should have applied the "pay and recover"
principle, allowing the appellant-insurance company to pay the award
amount and then recover it from the owner-respondent, since the victim was
a pillion rider and the same was not covered under the insurance policy. He
further submitted that the interest rate of 8% per annum is on the higher side
and needs to be reduced.
6. Heard and perused the evidence on record.
7. The contention of the learned counsel for the appellant
that the victim, being a pillion rider, was not entitled to compensation has no
substance. The learned Tribunal rightly appreciated the materials on record
and passed a well-reasoned award. This Court finds no reason to interfere
with the findings and conclusions arrived at by the learned Tribunal.
However, in order to maintain uniformity with the orders passed in similar
matters, the rate of interest is modified and reduced from 8% per annum to
7.5% per annum from the date of filing of the claim petition till realization.
Except for the aforesaid modification in the rate of interest, the impugned
judgment and award passed by the learned Tribunal is affirmed.
8. The appellant-insurance company shall deposit the
award amount, if not already deposited, within one (1) month from today,
and upon such deposit, the claimants shall be at liberty to withdraw the same
unconditionally, as per the procedure.
9. Accordingly, the appeal stands disposed of to the
extent indicated above. As a sequel, any interim order or stay, if existing,
stands vacated. Pending application(s), if any, also stand closed.
DR. T. AMARNATH GOUD, J
suhanjit
SABYASAC Digitally signed by
SABYASACHI GHOSH
HI GHOSH Date: 2025.11.07
13:51:40 +05'30'
