Tripura High Court
Cholamandalam Ms General Insurance ... vs Sri. Sanjit Das @ Sanjit Mahishya Das on 3 November, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
MAC. APP. NO.17 OF 2025
Cholamandalam MS General Insurance Company Ltd.
Represented by its
Authorized Signatory,
1st Floor, Above 'W' Showroom
Mantribari Road, Old RMS Chowmuhani,
P.S-West Agartala,
District-West Tripura.
(Insurer of Vehicle bearing Registration No.AS-25EC-2451, Truck)
.....APPELLANT
VERSES
1. SRI. SANJIT DAS @ SANJIT MAHISHYA DAS,
Son of Late Ranjit Mahishya Das, Village - Srirampur, P.O. & P.S.
Kailashahar, District: Unakoti, Tripura.
.....Claimant-Respondent.
2. Smt. Sauravi Chakraborty,
W/O. Sri. Tapan @Tapash Chakraborty
Resident of Shanti Palli,
P.S. R.K. Pur, District: Gomati,
Tripura (Owner of AS-25EC-2451-Truck)
......Owner Respondent.
3. Sri. Aranya Kr. Jamatia,
S/O. Lt. Banbihari Jamatia
Resident of Wathilong Para, Ghilatali,
P.S. Kalyanpur, Khowai,
District: Khowai, Tripura
Presently residing at Kadamtala,
P.S. Kadamtala, Dharmanagar.
District: North Tripura,
(Driver of vehicle bearing No. AS-25EC-2451 (Truck)
.......Driver- Respondent.
4. The Branch Manager United India,
Insurance Co. Ltd.P.S. & Sub-Division - Kailashahar,
District: Unakoti, Tripura.
(Insurer of TR-02E-0681-Alto K10)
........Insurer- Respondent
For the Appellant(s) : Mr. Rajib Saha, Advocate.
For the Respondent(s) : Mr. S. Bhattacharjee, Advocate.
Mr. D. Paul, 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 06.04.2024,
passed by the learned Motor Accident Claims Tribunal, Court No. 1,
Unakoti District, Kailashahar, Tripura, in Case No. T.S. (MAC) 47 of 2022.
2. The brief facts of the case are that the claimant-
respondent met with a road traffic accident, as a result of which he sustained
grievous injuries on his person. Accordingly, he filed a claim petition. The
present appellant appeared in the said case and contested the same. After a
full-fledged trial and hearing the arguments advanced by all the parties, the
learned Tribunal passed the award dated 06.04.2024, whereby and
whereunder a sum of Rs.1,83,600/- (Rupees one lakh eighty-three thousand
six hundred only) was awarded as compensation for the injuries sustained in
the said road traffic accident.
3. Aggrieved by and dissatisfied with the aforesaid judgment
and award dated 06.04.2024 passed by the learned Tribunal, the appellant-
Insurance Company preferred the instant appeal before this Court seeking to
quash or modify the impugned judgment and award.
4. Heard Mr. R. Saha, learned counsel appearing for the
appellant-Insurance Company, who submits that the claimant-respondent
had not produced any proof of income or profession to show that he was
engaged in any particular occupation. Stating thus, learned counsel prays this
Court to allow this appeal.
5. On the other hand, Mr. D. Paul, learned counsel
appearing for the respondent-claimant, submits that the award passed by the
learned Tribunal is just and proper and does not call for any interference.
6. Heard and perused the evidence on record.
7. In view of the foregoing discussions and upon consideration
of the materials on record, this Court finds no infirmity in the findings and
conclusions arrived at by the learned Tribunal. The contention raised by the
learned counsel for the appellant-Insurance Company that the income of the
victim was not duly proved is without merit, as the Tribunal had rightly
assessed the income on the basis of the evidence and surrounding
circumstances, which this Court finds to be reasonable and just.
8. Accordingly, the award passed by the learned Tribunal is
hereby affirmed and upheld. The appeal preferred by the Insurance
Company stands dismissed. The awarded amount, if not yet disbursed, shall
be released to the claimant(s) in terms of the award.
9. As a sequel, the interim stay, if any, stands vacated. Pending
application(s), if any, also stand(s) closed.
DR. T. AMARNATH GOUD, J
Sabyasachi.G.
SABYASACHI GHOSH GHOSH
Date: 2025.11.07 15:43:45 +05'30'
