[Cites 1, Cited by 0]
Tripura High Court
Insurer vs Sri Goutam Saha on 16 January, 2026
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
MAC. APP. NO.40 OF 2025
The National Insurance Company Ltd.
(To be represented by Administrative Officer),
Agartala Divisional Office, 42, Akhaura Road,
P.O.- Agartala, District-West Tripura, Pin-799001
........ Insurer Appellant
1. Sri Goutam Saha,
S/o Kiran Saha, of Santir Bazar,
P.S.- Santirbazar, District-South Tripura.
Presently residing:
Harishnagar, C/o Lt. Ratan Ch. Das,
P.S.- Bishalgarh, District- Sepahijala
........ Claimant-respondent.
2. Sri Sujit Debnath,
S/o, Sri Ratan Debnath,
Of Hatileta.P.S.Amtali, District-West Tripura,
Owner of TATA Ace Magic bearing No.TR-01-C-3477.
.......Owner Respondent.
For Appellant(s) : Mr. Asim Kumar Deb, Advocate.
For Respondent(s) : Mr. Saugat Datta, Advocate.
Date of hearing and delivery
of judgment and order : 16.01.2026
Whether fit for reporting : NO.
HON'BLE JUSTICE DR. T. AMARNATH GOUD
JUDGMENT & ORDER(ORAL)
1. This present appeal has been filed against the impugned
Award dated 09.12.2024 passed in T.S. (MAC) No.13 of 2019 by the learned
Member, Motor Accident Claims Tribunal, Sipahijala District, Bishalgarh,
for modification of the award.
2. The brief facts of the case are that on 20.02.2018, Goutam
Saha, the claimant-respondent herein was proceeding towards Belonia from
Agartala through Bishalgarh and Bisramganj Main Road, Sipahijala District,
by riding his motorcycle bearing No. TR-01-M-0210. While he reached
Charilam near Ramakrishna Ashram at about 08.00 hours, the driver of Tata
Magic bearing No. TR-01-C-3477, coming from the Bishalgarh side, collided
with a Maruti Van, and as a result, the claimant-respondent received serious
injuries on his person. Thereafter, local people arranged to send him to
Bishalgarh Sub-Divisional Hospital, and from there he was referred to
AGMC & GBP Hospital, Agartala, where he was admitted as an indoor
patient and treated w.e.f. 20.02.2018 to 12.06.2018.
3. Subsequently, the claimant filed a claim petition
under Section 166 of the M.V. Act claiming compensation of Rs. 22,16,000/-
. The learned Tribunal, after hearing both parties, awarded compensation of
Rs. 11,54,000/- along with interest @ 7.5%, fixing liability upon O.P.
National Insurance Co. Ltd. to pay the awarded compensation amount.
Hence, this appeal has been preferred by O.P. National Insurance Co. Ltd., as
the appellant, for modification of the award towards just and proper
compensation.
4. When the case is called, both sides are present.
5. Mr. A.K. Deb, learned counsel appearing for the
appellant, submits that the only point which falls for consideration is that
when the accident took place, the disability certificate marked as Exbt-5,
issued by Chairman District Disability Board, South Tripura in the year
08.11.2018 indicates 40% disability due to serious injuries to the knee and
ankle of the claimant-respondent, resulting in stiffness and difficulty in
mobility. Subsequently, Exbt-10, disability certificate issued on 14.07.2022
proved before the Trial Court by P.W.-2 indicates that the earlier disability of
40% was enhanced to 50%, and accordingly, a certificate was issued.
Both certificates were taken on record by the Trial
Court and marked as exhibits. However, to the surprise of the appellant-
insurance company, the Trial Court treated the temporary disability as
permanent, which, according to the appellant, is not permissible in absence of
any medical evidence to that effect. It is further contended that Exbt-10 i.e.
the disability certificate issued on 14.07.2022 only indicates that the
disability of 50% was up to September, 2024 as the certificate was
recommended for 2(two) years and 2(two) months. In the said background,
the Trial Court, according to the appellant, cannot indulge in guesswork by
holding that the injured claimant has become permanently disabled and
award compensation accordingly. The learned counsel further contends that
before taking such a decision, the Court below ought to have summoned the
concerned Medical Board doctor once again to depose and also to obtain a
disability certificate clarifying whether the said disability of 50% is
temporary or permanent in nature. Therefore, it is contended that the
consequential relief granted pursuant thereto requires re-examination, and the
matter needs reconsideration by the Trial Court by giving opportunity to both
sides, including leading medical evidence and obtaining a fresh disability
certificate, if necessary.
6. To the said argument, Mr. S Datta, learned counsel
appearing for the claimant-respondent, in all fairness, submits that they are
ready to face the Medical Board, participate in the trial, and cooperate with
the judicial proceedings.
7. In view of the above, and upon considering the
arguments advanced on behalf of the appellant, this Court finds that there is
force in the submissions made. Accordingly, the award passed by the learned
Tribunal stands set aside on this point only, and the matter is remanded back
for reconsideration in the light of the observations made hereinabove.
8. However, admittedly, it is not the case of the
appellant-insurance company that the claimant is not entitled to any
compensation. In the present appeal, the appellant-insurance company has
admitted that according to its calculation, the compensation comes to around
Rs. 2,34,000/- (Rupees two lakhs thirty-four thousand only), instead of Rs.
19,44,000/- as considered by the Trial Court.
9. In view of the admitted fact, for the present, this Court
directs the appellant-Insurance Company to deposit a sum of Rs. 2,34,000/-,
rounded off to Rs. 2,50,000/-, before the concerned Court within one month
from today, and on such deposit, the claimant shall be entitled to withdraw
the same unconditionally, in accordance with law.
10. Accordingly, the appeal is disposed of by remanding
the matter back. As a sequel, stay, if any, stands vacated. Pending
application(s), if any, also stand closed.
DR. T. AMARNATH GOUD, J
Suhanjit
RAJKUMAR SUHANJIT Digitally signed by RAJKUMAR
SUHANJIT SINGHA
SINGHA Date: 2026.01.20 15:58:30 +05'30'
