The Divisional Manager vs Sri Biswaraj Jamatia @ Bishurai on 19 February, 2026

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                               Page 1 of 8




                    HIGH COURT OF TRIPURA
                          AGARTALA
                     MAC APP 48 OF 2025
     The Divisional Manager, National Insurance Company
     Limited, A.K.Road, Agartala, P.S. West Agartala, District-
     West Tripura;
                                                      ----Appellant(s)
                                Versus
  1. Sri Biswaraj Jamatia @ Bishurai, son of late Ganamani
     Jamatia, resident of Jamatia Para, Chakchapara, P.S.
     Melaghar, District- Sepahijala, Tripura;
  2. Smt. Geeta Rani Jamatia, wife of Sri Biswaraj Jamatia, C/o
     Sri Birmani Debbarma, resident of backside of Fire Brigade
     Station, Syamalibazar, P.S. NCC, Agartala, District- West
     Tripura;
  3. The Assets Manager, ONGC Tripura Assets, Badharghat,
     P.S. Amtali, District- West Tripura; [owner of Turbo Truck
     No. TR-01-B-1815] TS(MAC) 140 of 2021;
  4. Sri Goutam Das, son of Sri Narayan Chandra Das,
     Majlishpur, PS. Jirania,District- West Tripura; [driver of Turbo
     Truck No. TR-01-B-1815]
                                                  ---- Respondents

For Appellant(s) : Mr. Dipankar Sarma, Advocate For Respondent(s) : Mr. P. Ghosh, Advocate

MAC APP 64 OF 2025

1. Sri Biswaraj Jamatia @ Bishurai, son of late Ganamani Jamatia, resident of Jamatia Para, Chakchapara, P.S. Melaghar, District- Sepahijala, Tripura;

2. Smt. Geeta Rani Jamatia, wife of Sri Biswaraj Jamatia, C/o Sri Birmani Debbarma, resident of backside of Fire Brigade Station, Syamalibazar, P.S. NCC, Agartala, District- West Tripura;;

----Claimant-Appellant(s) Versus

1. The Assets Manager, ONGC Tripura Assets, Badharghat, P.S. Amtali, District- West Tripura; [owner of Turbo Truck No. TR-01-B-1815] TS(MAC) 140 of 2021;

2. Sri Goutam Das, son of Sri Narayan Chandra Das, Majlishpur, PS. Jirania,District- West Tripura; [driver of Turbo Truck No. TR-01-B-1815]

3. The Divisional Manager, National Insurance Company Limited, A.K.Road, Agartala, P.S. West Agartala, District- West Tripura;

                               ---- Opposite Party-Respondents





For Appellant(s)              :       Mr. Samar Das, Advocate
For Respondent(s)             :       Mr. D. Sarma, Advocate
                                      Mr. P. Ghosh, Advocate

                      MAC APP 95 OF 2025

The Divisional Manager, National Insurance Company Limited, A.K.Road, Agartala, P.S. West Agartala, District- West Tripura;

----Appellant(s) Versus

1. Sri Bapan Jamatia, son of Sri Biralal Jamatia, resident of Indrakumar Para, P.O. Takchapara, P.S. Melaghar, District- Sepahijala, Tripura;

2. The Assets Manager, ONGC Tripura Assets, Badharghat, P.S. Amtali, District- West Tripura; [owner of Turbo Truck No. TR-01-B-1815] TS(MAC) 140 of 2021;

3. Sri Goutam Das, son of Sri Narayan Chandra Das, Majlishpur, PS. Jirania,District- West Tripura; [driver of Turbo Truck No. TR-01-B-1815]

----Respondent(s)

For Appellant(s) : Mr. D. Sarma, Advocate For Respondent(s) : Mr. S. Das, Advocate Mr. P. Ghosh, Advocate Date of hearing & delivery : 19.02.2026 of Judgment & Order Whether fit for reporting : Yes / No

BEFORE HON'BLE JUSTICE DR. T. AMARNATH GOUD Judgment & Order (Oral)

1. All the above appeals have been taken up together for

hearing, since the same are based on similar set of facts and

involve common question of laws and also arise out of a common

accident, to avoid rigmarole, are decided by this common

judgment with the consent of learned counsel appearing for the

parties.

2. Appeal being MAC App. 48 of 2025 has been preferred

by the appellant- National Insurance Company Limited challenging

the award dated 19.02.2025 passed by the Motor Accident Claims

Tribunal, Court No.4, West Tripura, Agartala in case No. T.S.

(MAC) 140 of 2021 praying for dismissal of the award.

Appeal being MAC App 64 of 2025, has been preferred

by the claimant-appellants challenging the award dated

19.02.2025 passed by the Motor Accident Claims Tribunal, Court

No.4, West Tripura, Agartala in case No. T.S. (MAC) 140 of 2021

praying for enhancement of the awarded amount.

Appeal being MAC App 95 of 2025, has been preferred

by the appellant- National Insurance Company Limited challenging

the award dated 13.05.2025 passed by the Motor Accident Claims

Tribunal, Court No.2, West Tripura, Agartala in case No. T.S.

(MAC) 146 of 2021 praying for dismissal of the award.

2. Heard Mr. D. Sarma, learned counsel appearing for the

appellant-Insurance Company. Also heard Mr. P. Ghosh, learned

counsel appearing for the claimant-respondents.

3. The facts of the case as projected by the learned trial

court, herein, are as under:

"In T.S.(MAC) 140 of 2021:

The claimants who are the bereaved parents of the deceased Sukhen Jamatia, aged 22 years of age are before this Tribunal under Section 166 of the MV Act with prayer for grant of compensation to the tune of ₹ 8 lakh due to the death of their son in motor vehicle accient. Brief resume of the case of the claimants is that on 24.07.2021 after attending a wedding ceremony at Bagma as a folk singer, the deceased was returning to Bishramganj with his friend Sri Bapan Jamatia by riding motor cycle No. TR-01-7408. On their way they found the offending truck No. TR-01-B- 1815 going ahead of them. In order to overtake said truck, the deceased went on blowing horn, but the truck driver for 3 k.m. did not give any way.

At Itakhola the truck driver gave signal allowing overtaking his truck and when the bike reached middle part of the truck, the truck driver all of a sudden moved the truck towards right and collided with the motor cycle. This resulted fall of the deceased and his friend on the road and serious injuries to them. Both of them were shifted to Bishramganj hospital where the son of the claimants was declared dead and the bike rider was referred to AGMC & GBP hospital, Agartala and on information from the attending doctor, Bishramganj P.S. case No. 7 of 2021 also got registered. It is further averred that the deceased was a trained motor mechanic and was skilled in manufacturing traditional garments. He was a folk singer too. From all such profession he used to earn a monthly sum of ₹ 75,000/- and both the claimants were dependent on the income of the deceased."

"In T.S.(MAC) 146 of 2021:

On 24.07.2021 the claimant petitioner was returning home from Bagma towards his house at Takchapara by riding a motor cycle bearing registration No. TR-01-7408 of his friend as a pillion rider and at that one Cargo Truck vehicle bearing registration No. TR-01-B-1815(hereinafter called the offending vehicle) which was being driven by its driver with excessive speed in a rash and negligent manner and when reached at Itakhola, the driver of the offending vehicle dashed the motor cycle as a result a serious accident occurred and claimant petitioner sustained grievous bleeding injuries on his persons. Immediately after the accident claimant petitioner was brought to Bishramganj PHC and from there he was referred to AGMC & GBP Hospital,Agartala for his proper treatment.It is further claimed that claimant petitioner was admitted in the GBP Hospital as an indoor patient and he was a motor mechanic and due to the accident claimant petitioner lost his earning capacity. It is asserted in the claim petition that the rider of the motor bike died due to the said accident. Later on petitioner filed a complaint case before the SDJM,Bishalgarh which was sent to Bishramganj PS.

4. On receipt of the claim application, the appellant-

insurance company as well as the claimant-respondents, by filing

their respective written statement contested the claim application.

All the witnesses were examined and cross-examined

and the documents were also taken into consideration by the

learned trial Court.

Following the settled principles of law, the learned

Tribunal has quantified the compensation to the tune of Rs.

16,32,000/- along with interest @7.5% per annum from the date

of filing of the claim application till the date of actual realization in

T.S. (MAC) 140 of 2021, and also awarded compensation to the

tune of Rs.40,000/- along with interest @7.5% per annum from

the date of filing of the claim application till the date of actual

realization in T.S. (MAC) 146 of 2021 .

Being aggrieved by and dis-satisfied with the said

award dated 19.02.2025 passed by the learned Tribunal in T.S.

(MAC) 140 of 2021 and award dated 13.05.2025 passed by the

learned Tribunal in T.S. (MAC) 146 of 2021, these appeals are

being preferred with certain and respective reliefs.

4. Mr. D. Sarma, learned counsel appearing for the

appellant-insurance company has submitted that the accident took

place due to negligence on the part of the claimant-respondents.

Learned counsel for the appellant has further submitted that the

claimant-victims have not followed the mandates of Motor Vehicles

Act. Learned counsel has also submitted that learned trial court

without taking into consideration the driving license of the TR-01-

7408 has passed the impugned judgment and award. Learned

counsel has also raided the question of non-joinder of necessary

party. Learned counsel has also submitted that the amount of

compensation is in the higher side and has prayed for setting-

aside the impugned award.

5. Per contra, learned counsel for the claimant-

respondents in MAC Appeal 64 of 2025 has submitted that the

victim has succumbed to his injuries due to rash and negligence of

the offending vehicle bearing registration No. TR-01-B-1815.

Learned counsel for the claimant respondent in MAC Appeal 95 of

2025, has submitted that the injuries sustained by the claimant-

respondent is grievous in nature which has been caused due to

negligence of the offending vehicle bearing registration No. TR-01-

B-1815. Learned counsel for the claimant-respondents

unanimously have submitted that on the basis of oral and

documentary evidence, learned trial Court has rightly assessed the

compensation and 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. It is not in dispute that on the alleged date and time,

there was an accident and out of the alleged accident, the

claimant-respondent Sukhen Jamatia had died out of a road traffic

accident, which has also been supported by post mortem report

(Exbt. 3 to 3/2). Further, from the deposition of Bapan Jamatia

(claimant respondent in MAC Appeal 95 of 2025), it is revealed

that he is an eye witness to the alleged accident and out of the

said accident he has also sustained grievous injuries which is

supported by medical evidence (Exbt. 4 series). Further, from the

police papers, it is transpires that Sukhen Jamatia died out of the

road traffic accident and Bapan Jamatia also sustained injuries out

of the similar accident which involves the offending vehicle being

TR-01-B-1815. This court further opines that it was the obligation

of the appellant-insurance company to examine the Investigating

Officer in course of trial to corroborate his findings in the final

report, but the same is found to be absent, similar the deposition f

Bapan Jamatia, could not be shaken by any means by the

appellant-insurance company. Thus, the learned tribunal has

rightly assessed the compensation holding the appellant liable to

pay the compensation.

8. From the entirety, this court is of the view that the

appellant-insurance-company cannot escape from the liability of

paying the compensation to the claimant-respondents. This court

is of the view that the assessment of compensation by the learned

Tribunal below is just and proper and the appellant-insurance

company is liable to make the compensation to the claimant-

respondents, as decided by the learned Tribunal. Accordingly, it is

made clear that the findings of the learned Tribunal regarding

entitlement of the claimant-respondents to receive the

compensation shall not be interfered with.

9. In view of the above, the appeals filed by the appellant-

insurance company stand dismissed. Consequently, the findings of

the learned Tribunal in its judgments dated 19.02.2025 is hereby

confirmed. 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-insurance company at the

time of filing of the appeal, as per procedure. 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 the award rendered by the learned Tribunal. Pending

application(s), if any, also stands disposed.
                                                    JUDGE




  SAIKAT                   Digitally signed by
                           SAIKAT KAR

  KAR                      Date: 2026.03.05
                           12:57:59 -05'00'
 