Tripura High Court
The Divisional Manager vs Smt. Anita Debnath on 31 October, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
MAC.APP. NO.79 OF 2025
THE DIVISIONAL MANAGER, The Oriental Insurance Co., Ltd.
Near Sarkar Nursing Home, Post Office Chowmuhani P.S.-Agartala,
West Tripura, A Company registered under the Companies Act, 1956,
represented by the Assistant Manager cum Officer in Legal Hub /
Authorized Signatory, Agartala Division Office.
...........Appellant(s).
VERSUS
1. SMT. ANITA DEBNATH,W/O-Lt. Jagadish Debnath,Resident of
Noagaon,P.S.- Ranirbazar, West Tripura.
2. SRI RAJDEEP DEBNATH, S/O-Lt. Jagadish Debnath, Resident of
Noagaon, P.S.- Ranirbazar, West Tripura
(The claimant/Respondent No. 2 being minor is represented by the
claimant/Respondent No. 1 being mother and natural guardian.)
..........Claimants/Respondents
3. SRI KESHAB SARKAR, S/O-Sri Kajal Kanti Sarkar, Resident of
subashnagar, Jirania, Madhyapara, PS - Jirania, Dist.- West Tripura.
[owner of Truck No. TR-01-AF-1819]
4. SMT. SANTI BALA DEBΝΑΤΗ, W/O.Lt. Maniklal Debnath,
esident of west Noagaon, P.S.- Ranirbazar, West Tripura. (Mother of
deceased).
........Respondents
Present:
For the Appellant (s) : Mr. B. Majumder, Advocate.
Ms. P. Nama, Advocate.
For the Respondent(s) : Mr. K.K. Pal, Advocate.
Mr. S. Datta, Advocate.
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
31.10.2025
Order
1. This is an appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the common impugned judgments and award
dated 10.03.2025, passed by the learned Member, Motor Accident
Claims Tribunal No. 4, West Tripura, Agartala, in Case No. T.S. (MAC)
190 of 2021 and T.S. (MAC) 49 of 2022, with a direction upon the
appellant-Insurance Company to pay the awarded amount to the
claimants at the first instance and thereafter recover the same from the
owner of the truck bearing No. TR-01-AF-1819 as per the principle of
"pay and recover" accordingly.
2. Heard Mr. B. Majumder, learned counsel appearing
for the appellant-Insurance Company, as well as Mr. S. Datta, learned
counsel appearing for the respondents.
3. Mr. Majumder, learned counsel appearing for the
appellant, submits that the learned Tribunal, under misconception and
misinterpretation of law, has passed the impugned erroneous judgment
and award, and the same is liable to be set aside.
4. Heard learned counsel for the parties. Upon perusal of
the impugned judgments and award as well as the materials on record,
this Court finds no infirmity or illegality warranting interference with the
findings arrived at by the learned Tribunal. The award passed by the
learned Motor Accidents Claims Tribunal is found to be just, fair, and
based on proper appreciation of evidence. Accordingly, the impugned
judgments and award are upheld and affirmed. The appeal, being devoid
of merit, stands dismissed.
5. As a sequel, the stay, if any, stands vacated. Pending
application(s), if any, also stand closed.
DR. T. AMARNATH GOUD, J
suhanjit
SABYASAC Digitally signed by
SABYASACHI GHOSH
HI GHOSH 15:41:24 +05'30'
Date: 2025.11.04
