National Insurance Company Limited vs Sri Subhas Das
2026 Latest Caselaw 1433 Tri

Tripura High Court

National Insurance Company Limited vs Sri Subhas Das on 12 March, 2026

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                                 Page 1




                    HIGH COURT OF TRIPURA
                          AGARTALA
                       MAC APP 25 OF 2026
       National Insurance Company Limited,
       Divisional Office situated at 42, Akhaura Road, Agartala-
       799001.
                                                ----Appellant(s)
                                Versus
     1. Sri Subhas Das, son of late Hiralal Das, resident of
        Purnagram, P.O. Sekerkote, P.S. Amtali, District- West
        Tripura.
     2. Sri Maran Das, son of late Hiralal Das, resident of
        Purnagram, P.O. Sekerkote, P.S. Amtali, District- West
        Tripura.
                                    .... Claimant Respondents

3. Sri Suman Saha, son of late Nikhil Chandra Saha, resident of Murabari, West Laxmibill, P.S. Bishalgarh, District- Sepahijala, Tripura.

(Owner of vehicle No. TR-01-D-2198, auto rickshaw)

---- Respondent

For Appellant(s) : Mr. R. Saha, Advocate For Respondent(s) : None Date of hearing & delivery : 12.03.2026 of Judgment & Order Whether fit for reporting : Yes / No

BEFORE HON'BLE JUSTICE DR. T. AMARNATH GOUD Judgment & Order (Oral) This is an appeal preferred by the appellant- National

Insurance Company Limited challenging the judgment dated

18.08.2025 passed by the Motor Accident Claims Tribunal, Court

No.2, West Tripura, Agartala, in case No. T.S. (MAC) 63 of 2022

praying for dismissal of the award to the tune of Rs. 4,30,020/-

only alongwith interest @7.5% per annum w.e.f. the date of filing

of the claim petition i.e. 02.03.2022, till realization of the same.

2. Heard Mr. R. Saha, learned counsel appearing for the

appellant-Insurance Company.

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3. The brief fact of the case, as projected by learned

Tribunal, is that, on 20.01.2017 at about 9-30 hours the deceased,

father of the claimant-respondents, was proceeding towards

Sekerkote market from his house at Purnagram by walking and at

that time one auto rickshaw bearing registration No. TR-01-D-

2198 (here-in-after called the offending vehicle) which was going

towards Bishalgarh from the side of Amtali being driven with

excessive speed and in negligent manner by its driver dashed the

deceased near Old Tripura Gramin Bank, Sekerkote on Agartala-

Sabroom National Highway as a result deceased fell down on the

ground and sustained severe bodily injuries on his person.

Immediately after the accident deceased was taken to TMC

Hospital by the offending vehicle where he succumbed to his

injuries on the same day. Post mortem was also done over the

body of the deceased on the following day in the TMC Hospital on

21.01.2017. In this connection Amtali PS Case No. 10 of 2017 u/s

279/338/304-A of IPC and Section 184 of the MV Act was also

registered. Claimant petitioners further stated in their claim

petition that the accident occurred due to rash and negligent

driving on the part of the driver of the offending vehicle.

On receipt of the claim application, the insurance

company and owner of the vehicle by filing their respective written

statement and 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 Page 3

claimant-respondent to the tune of Rs. 4,30,020/- along with

interest @7.5% per annum from the date of filing of claim

application till the date of realization with proportionate share.

Being aggrieved by and dis-satisfied with the said

award dated 18.08.2025 passed by the learned Tribunal in T.S.

(MAC) 63 of 2022, the appellant-insurance company has preferred

this appeal with the following reliefs:

"(i) Admit the Appeal;

(ii) Call for the case records from the Learned Motor Accident Claims Tribunal, Court No. 2, West Tripura District, Agartala, Tripura, in Case No. T.S. (MAC) 63 of 2022.

(iii) After hearing the parties be pleased enough to set aside/quash and modify the impugned judgement and award dated 18.08.2025, passed by the Learned Tribunal below and may be kind enough to pass an appropriate order in terms of the law laid down by the Hon'ble Apex Court by passing the various judgments in this regard, for the fair ends of justice.

(iv) Pending disposal of the present appeal, stay the operation of the impugned judgment and Award dated 18.08.2025 in Case No. T.S. (MAC) 63 of 2022, passed by the Learned Motor Accident Claims Tribunal, Court No. 2, West Tripura District, Agartala, Tripura;

AND Pass such other order or orders as the Hon'ble High Court may seem fit and proper."

4. Mr. Saha, learned counsel appearing for the appellant-

insurance company has argued that the award is in the higher

side. It is argued that the vehicle involved in the accident was

plying on the road without valid route permit which is supposed to

have as per Road Transport Rules and since the accident took

place, the claimant-respondents are not entitled to any

compensation. Learned counsel for the appellant has further

submitted that the amount of compensation has been wrongly

assessed which requires interference by this Court.

5. I have perused the entire record including the award

passed by the learned Tribunal.

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6. On scrutiny of the record, it is evident that the

appellant-insurance company failed to make out any case on to

the issue that the vehicle was plying beyond route permit. No

evidence has been placed on record nor any argument has been

put forward to establish that the vehicle was plying without valid

route permit, which is now advanced by learned counsel for the

appellant-insurance company at this appeal stage. The issue which

was not raised before the trial court cannot be raised in appeal as

new set of evidence. Issues, facts, or legal theories which were

not raised in the pleadings or during the trial court proceedings

generally cannot be introduced as new arguments in an appeal, as

appellate courts cannot create new cases or raise fresh issues.

This principle prevents parties from introducing new cause of

action or shifting their position to prejudice the opposing party,

hence, this court cannot accept the submission of learned counsel

for the appellant-insurance company. That, apart, the award

passed by the learned trial Court is well considered and on the

issues that were framed needs no reconsideration.

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-

respondents to receive the compensation to the tune of Rs.

4,30,020/- 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 Page 5

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: 2026.03.18
                             16:20:43 -04'00'