[Cites 1, Cited by 0]
Tripura High Court
Sri Anil Debnath vs Sri Nitai Sarkar on 5 February, 2026
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 5
HIGH COURT OF TRIPURA
AGARTALA
MAC APP 99 OF 2025
1. Sri Anil Debnath, son of lt. Iswar Debnath, resident of
Totabari, P.S. Kalyanpur, District- Khowai, Tripura, presently
residing at Ranirbazar, P.S. Ranirbazar, District-West Tripura;
2. Sri Ratan Debnath, son of Sri Anil Debnath, resident of
Totabari, P.S. Kalyanpur, District- Khowai, Tripura, presently
residing at Ranirbazar, P.S. Ranirbazar, District-West Tripura;
3. Sri Arjun Debnath, son of Sri Anil Debnath, resident of
Totabari, P.S. Kalyanpur, District- Khowai, Tripura, presently
residing at Ranirbazar, P.S. Ranirbazar, District-West Tripura;
----Claimant-Petitioner-Appellant(s)
Versus
1. Sri Nitai Sarkar, son of late Thakur Chand Sarkar, resident
of Kamalnagar, P.S. Kalyanpur, District- Khowai, Tripura
(owner of motor cycle bearing registration no. TR-01-J-9717)
----O.P.-Respondent
2. The Divisional Manager, National Insurance Company Ltd.,
42, Akhaura Road, Agartala, P.O.Agartala, District- West Tripura.
(insurer of motor cycle bearing registration no. TR-01-J-9717)
---- Noticee-Respondents
For Appellant(s) : Mr. D. Debnath, Advocate
For Respondent(s) : Mr. S. Sharma, Advocate
Mr. AK Deb, Advocate
Date of hearing & delivery : 05.02.2026
of Judgment & Order
Whether fit for reporting : Yes / No
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
Judgment & Order (Oral)
05/02/2026
This is an appeal preferred by the Claimant Petitioner
Appellants (for short, the appellants) for enhancement of the
award dated 31.05.2025 passed by the ld. Motor Accident Claims
Tribunal, West Tripura, Agartala, in case No. T.S. (MAC) 153 of
2021, whereby learned Tribunal awarded the compensation in
lower side.
2. Heard D. Debnath, learned counsel appearing for the
appellants. Also heard Mr. S. Sharma, learned counsel appearing
for the respondent No.1 and Mr. AK Deb, learned counsel
appearing for respondent No.2.
3. The facts of the case, in a short compass, is that, on
18.01.2017, the deceased, Basana Giri was proceeding towards
her house situated at Totabari through Teliamura-Khowai road and
at about 1030 hours when she reached at Totabari, the offending
vehicle being driven rashly and negligently suddenly has dashed
her resulting which she fell on the road and sustained bleeding
injuries on her person. After the accident, she was initially shifted
to Kalyanpur PHC from where she was referred to AGMC & GBP
hospital, and when she was brought to AGMC & GBP hospital, the
attending doctors declared her dead. On to that issue, the
appellants had claimed Rs.24,40,000/- as compensation under
different heads.
On receipt of the claim application, both the
respondents by filing their respective written statements contested
the claim application denying the averments of the appellants
brought forth in the claim petition. In course of the proceeding,
witnesses were examined and cross-examined and some
documents were exhibited. No evidence, either oral or
documentary, was adduced by the insurance company.
The Tribunal, after analyzing the entire evidence on
record, passed an award for a sum of Rs.6,12,000/- as
compensation along with interest @7.5% per annum from the date
of filing of the claim application till the date of actual realization
imposing some other withdrawal conditions, and directed the
Insurance Company to make the payment within 30 days from the
date of passing of the judgment and award.
Being aggrieved by and dis-satisfied with the said
award dated 31.05.2025 passed by the learned Tribunal in T.S.
(MAC) 153 of 2021, the claimant-appellants had preferred this
appeal with a prayer for enhancement of the award passed by the
learned Tribunal
4. Mr. Debnath, learned counsel appearing for the
appellants, has contended that the compensation awarded by the
learned Tribunal is not in accordance with law and is of the lower
side. Learned counsel further contended that the learned Tribunal
has assessed the income of the deceased as MNREGA worker
though as per the appellants, the deceased has poultry business
and was also engaged in agricultural farming. Learned Counsel has
further urged this Court to consider the notification of this High
Court where the income of unskilled labour is taken into
consideration.
5. On the other hand, learned counsel for the respondents
have urged before this Court 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 bare perusal of the record, it is evident that the
appellants in their affidivit-in-chief asserted the income of the
deceased but, they could not adduce any documentary evidence to
substantiate the income of the deceased, hence, learned Tribunal
taking lenient view considered the victim to be a MNREGA worker.
However, this High Court in terms of Notification under No. F.44
(11)-HC/2023/19504, Dated, Agartala, the 4th August, 2023, held
that the monthly income of a deceased in a motor vehicle
accident, if he/she is a labourer is Rs.10,000/-.
8. Looking to the overall facts and circumstances of the
case, this court is of the opinion that the deceased shall be treated
as unskilled labour and, accordingly monthly income of the
deceased shall be assessed at Rs.10,000/- per month. Thus, the
findings of the learned Tribunal with regard to the monthly income
of the deceased is interfered to the extent that the monthly
income of the deceased shall be computed @Rs.10,000/- per
month instead of Rs.6,000/- per month. It is made clear that all
other statutory benefits, as awarded by the learned tribunal shall
remain unaltered, and the same are affirmed accordingly.
9. The award of compensation is as under:
The loss of dependency, as per decision of the Hon'ble Supreme
Court in Sarla verma & Ors. vs. Delhi Transport Corporation , (2009) 6 SCC 121,
therefore, comes to Rs.10,000 X 12 X 9= Rs.10,80,000/-. Since the number of
dependency is 3 in the family of the deceased, 1/3rd amount is deducted from
this amount on account of personal expenditure of the deceased, and on
calculation, total amount comes to Rs.10,80,000-3,60,000= Rs.7,20,000/- as loss
of income of the deceased.
Accordingly, the respondent-National Insurance Company Ltd.
shall make the payment of said enhanced amount of compensation i.e.
Rs.7,20,000 [Rupees seven lakhs twenty thousand) to the claimant-petitioner-
appellants along with interest @ 7.5% per annum from the date of filing of the
claim petition, till the payment is made.
10. The insurance company shall deposit the entire
amount, if not paid, with the Registry of this Court within 1(one)
months from today.
However, it is made clear that on such deposit, the
claimant-respondents would be at liberty to withdraw the same in
terms of the conditions as laid down in Order dated 31.05.2025
passed in T.S.(MAC)153 of 2021.
11. In the result, the judgment and award dated
31.05.2025 is interfered with to the extent as indicated above, and
the appeal, therefore, stands allowed in-part.
Pending application(s), if any, also stands disposed.
JUDGE
SAIKAT KAR SAIKAT KAR
Date: 2026.02.10 01:41:19
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