Tripura High Court
Md. Sadek Miah @ Chhadek Miah vs Smt. Ruma Saha on 15 September, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
MAC App.52 of 2025
Md. Sadek Miah @ Chhadek Miah
son of late Abdul Majid,
Resident of Aralia, P.S. Sonamura,
District- Sepahijala,
(Owner of the vehicle No. TR-01-C-4392, Max)
.......Appellant
Versus
1. Smt. Ruma Saha
wife of Sri Samir Saha, C/O Sri Paritosh Chowdhury
resident of A.D. Nagar, Road No.2, P.S. A.D. Nagar,
District- West Tripura
..........Respondent- Claimant- petitioner
2. The Divisional Manager
The New India Assurance Company Ltd.
4 Mantribari Road, Agartala
P.O. Agartala, P.S. West Agartala,
District- West Tripura.
(Insurer of vehicle bearing registration no. TR-01-C-4392, Max)
........Respondent
For the Appellant(s) : Mr. Anjan Kanti Pal, Advocate
For the Respondent(s) : Mr. Asim Kumar Deb, Advocate
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
ORDER
15.09.2025
[1] Heard Mr. A.K. Pal, learned counsel appearing on behalf of
the appellant. Also heard Mr. A.K. Deb, learned counsel appearing on
behalf of the respondent- insurance company.
[2] The present appeal is filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and award dated 06/12/2023
passed by the learned Member, Motor Accident Claims Tribunal, Court
no.2, Agartala, West Tripura in connection with T.S(MAC) 225 of 2019
for setting aside/quashed/cancel the judgment and award dated
06/12/2023 and shifting the liability upon the respondent no. 2 i.e.
insurer of the vehicle of the appellant as award was "Pay & Recovery"
measure.
[3] The brief facts of the case as mentioned in the instant
appeal are that on 16/04/2017 at about 3.30 p.m. the claimant-petitioner,
respondent herein was proceeding from Melaghar towards Bishalgarh
by boarding vehicle registration no. TR-01-C-4392, Max and while she
reached at Bishramganj ,the said vehicle capsized and fell down into a
deep ditch due to rash and negligent driving of the driver of the said
vehicle, as a result the claimant-petitioner-respondent sustained injury.
Immediately after the accident claimant-petitioner- respondent was
shifted to Bishramganj Hospital from where she was brought to AGMC
& GBP hospital, Agartala and was discharged on 18/04/2017 and again
on 20/04/2017 she was admitted in AGMC & GBP hospital, Agartala
and was discharged on 11/05/2017 for the purpose of her treatment. It is
contended by the appellant that the claimant petitioner-respondent used
to earn Rs.6,000/- per month as a Tailor. The appellant appeared before
the learned Tribunal and filed written statements denied the accident and
allegation stated in the claim petition. The vehicle was insured with the
respondent no.2 and valid from 08/03/2017 to 07/03/2018 and that
liability is shifted upon the insurer i.e. respondent no.2.
[4] Thereafter, the learned Tribunal considered the evidence
and documents of both the parties delivered the judgment and award on
06/12/2023 with an awarded amount of Rs.44,000/- along with 7.5%
interest per annum from the date of filing of the claim petition i.e. from
13/11/2019 to till the date of payment and the said awarded amount
have been made liability upon the Insurance Company i.e. upon the
respondent no.2 and accordingly the respondent no.2 paid the said
awarded amount to the claimant petitioner. But subsequently the
respondent no.2 filed a Civil Misc case bearing No. Civil Misc 43/2024
in T.S. (MAC) 225/2019 against the appellant owner of vehicle for
recovery the said awarded amount. Hence the appellant filed appeal
before the Hon'ble High Court for setting aside/quashed the judgment &
award and according to the appellant, the liability may fix upon the
insurance company.
[5] By filing the instant appeal, following reliefs have sought
for:
"(a) Admit this appeal;
(b) Issue notice upon the respondents;
(c) Call for the case records from the court of Learned Member,
Motor Accident Claims Tribunal, Court no.2, Agartala, West Tripura in
connection with T.S(MAC) 225 of 2019;
(d) Stay the operation of the judgment and award dated 06/12/2023
passed by the Learned Member, Motor Accident Claims Tribunal, Court
no.2, Agartala, West Tripura in connection with T.S (MAC) 225 of 2019
till completion of the memo of appeal
AND
(e) After hearing the both the parties Your Lordship would be kind
enough to set aside/quashed/cancelled the impugned judgment and award
and kindly shift the liability upon the respondent no.2 and Your Lordship
would be kind enough to direct the respondent ni.2. i.e. Insurance
Company not to recover the said awarded amount of Rs.44,000/- +
interest from the appellant owner of the vehicle for fair ends of
justice............"
[6] It is seen from record that an IA being IA No. 03 of 2025 in
MAC Appeal 52 of 2025 has been preferred by the appellant in support
of his claim seeking acceptance of the additional evidence like
documents of route permit for the vehicle bearing registration no. TR-
01-C-4392 issued by the Transport Department with effect from
09.10.2013 to 09.10.2018 since the appellant is the owner of the vehicle
and „Pay and Recovery‟ measure has been ordered against him by the
Court below. It is submitted on behalf of the appellant that the
documents were also available and filed before the Court below but the
same were not considered and marked as exhibits for the reason best
known. However, without going into the issues, considering the
documents placed before this Court, an opportunity is given to the
appellant. Accordingly, the matter is remanded back to the concerned
Court below for fresh adjudication considering documents of route
permit for the vehicle bearing registration no. TR-01-C-4392 issued by
the Transport Department with effect from 09.10.2013 to 09.10.2018 as
stated by the appellant herein.
[7] With the above observation and directions, the present
matter is remanded back to the concerned Court below for fresh
adjudication and accordingly, the present appeal stands disposed of.
[8] As a sequel, miscellaneous application(s), pending if any,
shall also stand closed.
JUDGE
Sabyasachi G.
SABYASACHI GHOSH Digitally signed by SABYASACHI GHOSH
Date: 2025.09.19 15:32:44 +05'30'
