Tripura High Court
National Insurance Company Limited vs Miss Rani Bala Tripura on 6 November, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 5
HIGH COURT OF TRIPURA
AGARTALA
MAC APP 26 OF 2025
National Insurance Company Limited,
represented by its Branch Manager, Udaipur Branch, P.S.
R.K.Pur, Udaipur, District- Gomati, Tripura,
(Insurer of TR-01-A-1331, Bus)
----Appellant(s)
Versus
1. Miss Rani Bala Tripura, daughter of Sri Chandra Chan
Tripura, resident of Mandirghat, Gomatibari, P.S.
Natunbazaar, Amarpur, Gomati, Tripura.
.... Claimant Respondent
2. Sri Pinaki Bhowmik, son of late Nihar Ranjan Bhowmik,
resident of North Bank of Mahadev Dighi, P.S. R.K. Pur,
Udaipur, District- Gomati, Tripura.
(Owner of TR-01-A-1331, Bus)
3. Sri Dipak Sarkar, son of Sri Ramesh Sarkar, resident of
Gokulpur, P.S. R.K.Pur, Udaipur, District- Gomati, Tripura
(Driver of TR-01-A-1331, Bus)
4. Sri Diren Shib, son of Sri Dinesh Shib, resident of West
Bank of Jagannath Dighi, P.S. R.K.Pur, Udaipur, District-
Gomati, Tripura
(Owner of TR-03-B-1608, Canter Truck)
5. Manirul Islam, son of Md. Abdul Kashem, resident of
Kushamara, P.S. Kakraban, Udaipur, District- Gomati,
Tripura
(Driver of TR-03-B-1608, Canter Truck)
---- Respondents
For Appellant(s) : Ms. R. Purkayastha, Advocate
For Respondent(s) : Mr. A. Acharjee, Advocate
Date of hearing & delivery : 06.11.2025
of Judgment & Order
Whether fit for reporting : No
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
Judgment & Order (Oral)
06/11/2025
This is an appeal preferred by the appellant- National
Insurance Company Limited challenging the award dated
11.03.2024 passed by the Motor Accident Claims Tribunal, Court
No.1, Gomati Judicial District, Udaipur, in case No. T.S. (MAC) 50
of 2019 praying for dismissal of the award to the tune of Rs.
4,13,000/- only alongwith interest @7% per annum w.e.f. the
date of filing of the claim petition i.e. 11.12.2019, till realization of
the same.
2. Heard Ms. R. Purkayastha, learned counsel appearing
for the appellant-Insurance Company. Also heard Mr. A. Acharjee,
learned counsel appearing for the claimant-respondent.
3. Briefly stated, the claimant-respondent on 15.10.2018
at about 14.50 hours was returning home from Agartala by
boarding a bus bearing registration No. TR-01-A-1331 and on the
way when she reached at Uttar Maharani, another Canter Truck
vehicle bearing registration No. TR-03-B-1608 coming from the
opposite direction met with an accident with the bus vehicle face
to face resulting which the claimant-respondent alongwith other
passengers of the bus vehicle sustained grievous injuries. The
claimant respondent sustained comminuted humerus distal
fracture in her right elbow and other multiple bleeding injuries all
over her body. Thereafter, she was taken District hospital, Udaipur
from where she was referred to AGMC & GBP hospital for better
treatment where she was under medical supervision till
30.10.2018 and was also under treatment thereafter privately.
On receipt of the claim application, the appellant-
insurance company as well as the owners and drivers of both the
vehicle by filing their respective written statements contested the
claim application.
All the witnesses were examined and cross-examined
and the documents, submitted by parties to the claim petition
were also taken into consideration by the learned trial Court.
Following the settled principles of law, the learned
Tribunal has quantified the compensation to be paid to the
claimant-respondent to the tune of Rs. 4,13,000/- along with
interest @7% per annum from the date of filing of the claim
application till the date of actual realization, fastening the liability
upon the appellant-insurance company.
Being aggrieved by and dis-satisfied with the said
award dated 11.03.2024 passed by the learned Tribunal in T.S.
(MAC) 50 of 2019, the appellant-insurance company has preferred
this appeal with the following reliefs:
"a) Admit the appeal;
b) Call for the records from the Court of learned Tribunal below;
c) Issue notice upon the respondents;
d) after hearing the parties would further be pleased enough to
quash /set aside that part of the impugned award dated 11.03.2024
passed by the Ld. Motor Accidents Claims Tribunal (Court No.1), Sri
A. Pandey, Gomati Judicial District, Udaipur in T.S. (MAC) 50/2019
whereby the Ld. Tribunal below has most illegally and arbitrarily
awarded compensation of Rs.4,13,000/- (Rupees Four Lac Thirteen
Thousand) only to the Claimant Respondent to be paid by the O.P.
No.3 Appellant, the insurer of vehicle No.TR-01-A-1331 (Bus)
within two months from the date of this judgment along with
interest @ 7% per annum thereupon from the date of filing of claim
petition i.e. from 11.12.2019 till payment/realization of the same;
and further be pleased enough to stay the operation of the
impugned award till final disposal of the appeal, otherwise the
appellant would be highly prejudiced."
4. Ms. Purkayastha, learned counsel appearing for the
appellant-insurance company has argued that it is a case of
composite negligence since both the vehicles are involved in the
accident, but the learned Tribunal has not considered the said fact.
It was further contended that considering involvement of both the
vehicles in the accident, learned Tribunal ought to have
apportioned the share of the award upon both the Insurance
Companies. Learned counsel has further submitted that both the
drivers who are accused of the criminal case, as charge-sheeted,
were acquitted from the charges, and thus, learned counsel has
urged this court to fasten the liability on both the insurance
companies. Learned counsel for the appellant has further
submitted that the amount of compensation has been wrongly
assessed which requires interference by this Court.
5. Mr. Acharjee, learned counsel for the claimant-
respondent has submitted that the findings as returned by learned
Tribunal is correct and requires no interference and has urged to
maintain with the findings of the learned Tribunal.
6. I have perused the entire record including the award
passed by the learned Tribunal.
7. On scrutiny of the record, it is evident that the
claimant-respondent in her deposition categorically deposed that
the accident occurred due to rash and negligent driving of both the
vehicles. The FIR also specifically reveals that the accident
involves both the vehicles. Further, the police report/ejahar also
specifically disclosed involvement of both the vehicles in the
accident. Thus, from oral and documentary evidence prima facie it
is well established that the accident took place due to involvement
of both the vehicles. In the written statement also the appellant-
insurance company has not taken such plea. Further, the issue of
composite negligence has not been made out by the appellant-
insurance company before the trial court.
8. Upon consideration of the totality of facts and
circumstances, this Court does not find any ground to warrant an
interference with the impugned award, and the same cannot be
interfered with. Accordingly, it is made clear that the findings of
the learned Tribunal regarding the entitlement of the claimant-
respondent to receive the compensation to the tune of
Rs.4,13,000/- alongwith interest @7% per annum w.e.f. from the
date of filing of the claim petition till its actual payment, is not
liable to be disturbed and hence, the same is affirmed. The
appellant-insurance company shall deposit the entire amount, if
not paid, with the Registry of this Court within 1(one) months
from today.
9. Consequently, the appeal preferred by the appellant-
insurance company stands dismissed. Pending application(s), if
any, also stands disposed.
JUDGE
SAIKAT Digitally signed by
SAIKAT KAR
KAR Date: 2025.11.13
03:18:20 -08'00'
