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Tripura High Court
The United India Insurance Company ... vs Sri Tapash Sharma on 2 February, 2026
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 5
HIGH COURT OF TRIPURA
AGARTALA
MAC APP 111 OF 2025
The United India Insurance Company Limited,
represented by the Branch Manager, Mantribari Road,
Agartala, P.S. West Agartala, District-West Tripura, Pin-
799001 (Insurer of Truck bearing No. TR-01-R-1855)
----Opposite Party No.2- Appellant(s)
Versus
1. Sri Tapash Sharma, son of Sri Laxman Sharma, resident of
South Champamura, P.S. Bishalgarh, District- Sepahijala,
Tripura.
.... Claimant Respondent
2. Sri Timirendu Bhowmik, son of late Gopi Ballabh Bhowmik,
C/o Satya Narayan Gas Agency, Hapania, P.O. Siddhi
Ashram, P.S. Amtali, District- West Tripura, Pin-799006
(Owner of Truck bearing No. TR-01-R-1855)
---- Opposite Party-Respondent
For Appellant(s) : Ms. R. Purkayastha, Advocate
For Respondent(s) : Mr. S. Lodh, Advocate
Mr. P. Sahu, Advocate
Date of hearing & delivery : 02.02.2026
of Judgment & Order
Whether fit for reporting : Yes / No
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
Judgment & Order (Oral)
02/02/2026
This is an appeal preferred by the appellant- Insurance
Company Limited challenging the judgment and award dated
26.11.2024 passed by the Motor Accident Claims Tribunal,
Sepahijala District, Bishalgarh, in case No. T.S. (MAC) 10 of 2020
praying for dismissal of the award to the tune of Rs. 16,65,000/-
only alongwith interest @7.5% per annum w.e.f. the date of filing
of the claim petition till realization of the same.
2. Heard Ms. R. Purkayastha, learned counsel appearing
for the appellant-Insurance Company. Also heard Mr. S. Lodh,
learned counsel and Mr. P. Sahu, learned counsel, appearing for
the respondents.
3. Briefly stated, the claimant, on 31.10.2018 at about
1100 hours was returning home from Gokulnagar Tehsil office by
riding one motorcycle bearing registration No. TR-07-A-5993 as a
pillion rider and when the said motorcycle reached at Gokulnagar
Tri-junction, a truck vehicle bearing registration No. TR-01-R-1855
i.e. the offending vehicle, which was proceeding towards Agartala
from Bishalgarh driven by its driver with excessive speed and in
negligent manner dashed the motorcycle, resulting which the
claimant sustained grievous multiple injuries on his person, and
immediately he was shifted to Hapania hospital from where he was
referred to AGMC & GBP hospital for better treatment wherein he
was admitted for a substantial period and till date he is under
treatment.
On receipt of the claim application, the appellant-
insurance company as well as the owner of 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. 16,65,000/- along with
interest @7.5% per annum from the date of filing of claim
application till the date of realization.
Being aggrieved by and dis-satisfied with the said
judgment and award dated 26.11.2024 passed by the learned
Tribunal in T.S. (MAC) 10 of 2020, the appellant-insurance
company has preferred this appeal with the following reliefs:
"a) Admit the appeal;
b) Call for the records from Ld. Tribunal below;
c) Issue notice upon the respondents and;
d) after hearing the parties would further be pleased enough
to quash/set aside that part of the impugned award dated Sri
Debashish Kar, Sepahijala, Bishalgarh, in T.S. (MAC) 10 of 2020
whereby the Ld. Tribunal below has most illegally and arbitrarily
awarded compensation of Rs.16,65,000 /- (Rupees Sixteen Lakhs
Sixty Five Thousand) only with interest @ 7.5% per annum from
01.12.2020 i.e. from the date of filing of the claim petition till
realisation of awarded compensation to the Claimant Respondent to
be paid by the O.P. No.2 Appellant, the insurer of vehicle No. TR-01-
R-1855, Truck, within 30 days from the date of the judgment; 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 the award is in the
higher side. Learned counsel has further argued that the learned
tribunal in absence of any medical document passed the award to
the tune of Rs.50,000/- towards future treatment. Learned counsel
has also argued that learned tribunal arbitrarily has assessed the
income of the claimant to be as Rs.15,000/- per month. 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. Sahu, learned counsel for claimant respondent has
submitted that the award passed by the learned tribunal is just
and fair. Mr. Lodh, learned counsel for the OP-respondent No.2
has submitted that the offending vehicle has been duly insured
with the appellant i.e. insurance company and if any award is to
be paid, the same shall be paid by the appellant. Learned counsel
for the parties has submitted that the judgment and award passed
by the learned tribunal requires no interference.
5. I have perused the entire record including the award
passed by the learned Tribunal.
6. On careful perusal of the record, it is evident that the
accident occurred due to rash and negligent driving of the driver of
the offending vehicle which fact also is well established from the
prosecution papers submitted by the police. Deposition of PW-2,
an eye-witness to the accident, also reveals that the claimant
sustained injuries out of a road traffic accident which took place on
the alleged date and time. The accident occurred on 31.10.2018
and the Disability Certificate (Exbt.4) was issued by District
Disability Board in favour of the claimant on 07.10.2020, and
taking the prosecution papers, treatment related documents of the
claimant and the disability certificate, it is aptly clear that the
claimant has become disabled to a certain extent due to the
injuries sustained by him in the said road traffic accident. From
the nature of injuries, it can safely be presumed that the claimant
requires prolong treatment. From the record it is seen that the
claimant is a mason by profession and his profession was not
disputed during the trial. On such circumstance, this court is of the
view that the disability of the claimant sustained due to the
aforesaid accident would definitely hamper his profession. Thus,
the award passed by the learned tribunal is well assessed.
7. 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.
16,65,000/- alongwith interest @7.5% 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. Registry shall adjust Rs.25,000/- which was submitted
by the appellant at the time of filing of the appeal, as per
procedure.
8. Consequently, the appeal preferred by the appellant-
insurance company stands dismissed. Pending application(s), if
any, also stands disposed.
JUDGE
SAIKAT KAR SAIKAT KAR
Date: 2026.02.04
02:47:13 -08'00'
