[Cites 1, Cited by 0]
Tripura High Court
The Divisional Manager vs ) Sri Sunil Das on 13 March, 2026
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
MAC App.6 of 2026
The Divisional Manager,
The Bajaj Allianz General Insurance Co. Ltd.
Shreeji Tower, 2nd Floor, IFE Walford,
Adjacent to Mahindra & Mahindra,
Guwahati (Assam)- 781005
(Insurer of vehicle No.TR-08-2368 Auto-Rickshaw)
..........Appellant
Versus
1) Sri Sunil Das
S/O Late Lakshan Das
2) Smt. Rupasi Das
W/O Sri Sunil Das
3) Smt. Shipra Das
W/O Late Shankar Das
4) Miss Priya Das
D/O Late Shankar Das
5) Sri Surajit Das
S/O Late Shankar Das
All are residents of Vill-Abhoynagar, Nalua,
P.S. - Belonia, Dist. - South Tripura
Presently residing at C/O Sri Dulal Bhowmik of Vill - Naraura,
P.S.- Bishalgarh, Dist.- Sepahijala Tripura
.................Claimant Respondents
6) Sri Ratan Debbarma,
S/o Sri Sachindra Debbarma of West Manu,
P.S.- Santirbazar, Dist.- South Tripura
(Owner of vehicle No. TR-08-2368 Auto-Rickshaw).
......Owner Respondent
For Appellant(s) : Mr. Subhajit Chakraborty, Advocate
Mr. Samar Das, Advocate
For Respondent(s) : Mr. Saugat Datta, Advocate
Mr. Arijit Debnath, Advocate
Ms. Sibama Roy, Advocate
Ms. Papiya Goswami, Advocate
Date of hearing and delivery
of judgment and order : 13.03.2026
Whether fit for reporting : No.
Page 2 of 4
HON'BLE JUSTICE DR. T. AMARNATH GOUD
JUDGMENT & ORDER (ORAL)
[1] Heard learned counsel for the respective parties.
[2] This present appeal has been filed by the appellant, challenging
the judgment and award dated 26.07.2024 passed by the learned Motor
Accident Claims Tribunal, Sepahijala Tripura, Bishalgarh in case No. T.S.
(MAC) 03 of 2020.
[3] The brief facts of the case as described in the present appeal are
that on 06.10.2019 at about in between 20:15 to 20:45 Hours the victim along
with his family members were returning home by boarding the vehicle
bearing registration No.- TR-08-2368 (Auto-Rickshaw) and on its way when
the vehicle reached at Basantibari under Manu Bazar Police Station which
was being driven by its driver in a alleged rash and negligent manner, it
capsized and as a result of the accident the victim sustained serious injuries on
his person and immediately after the accident victim was shifted to Joypur
PHC wherefrom he was admitted into TMC & Dr. BRAM Teaching Hospital,
Hapania, Agartala wherein the victim succumbed to his injuries.
[4] The claimant-respondents i.e. the Respondent No.-1 to 5 herein
on 04/01/2020 had filed an application under section 166 of the Motor
Vehicles Act, 1988, for granting compensation of Rs.30,19,200/- due to death
of victim Sankar Das in the road traffic accident occurred on 06.10.2019.
After hearing the parties and conclusion of trial, the learned Tribunal below
passed the judgment and award dated 26.07.2024, whereby and where under
the petition under Section 166 of the Motor Vehicles Act has been allowed
and the claimant respondents have been awarded a sum of Rs.27,05,200/-
(Rupees Twenty Seven Lakhs Five Thousand and Two Hundred) only with
interest thereon at the rate of 9% per annum with effect from date of filing of
the claim application i.e., from 04.01.2020 to till realization of the awarded
amount in favour of the claimant-respondents i.e. the Respondents No.-1 to 5
from the appellant insurance company. Against the said award, the appellant
has preferred the instant appeal before this Court to quash or modify the
impugned judgment and award.
[5] Mr. Samar Das, learned counsel appearing for the appellant
insurance company submits that the claimant-respondents had not produced
any proof of income or profession to show that the deceased was engaged in
any particular occupation. Stating thus, learned counsel prays this Court to
allow this appeal.
[6] On the other hand, Mr. Saugat Datta, learned counsel appearing
for the respondent-claimants, submits that the award passed by the learned
Tribunal is just and proper and does not call for any interference.
[7] Heard the submissions made at the Bar and perused the evidence
on record.
[8] In view of the foregoing discussions and upon consideration of
the materials on record, this Court finds no infirmity in the findings and
conclusions arrived at by the learned Tribunal. The contention raised by the
learned counsel for the appellant-Insurance Company that the income of the
victim was not duly proved is without merit, as the Tribunal had rightly
assessed the income on the basis of the surrounding circumstances, which this
Court finds to be reasonable and just. However, apart from the calculated
compensation amount as assessed by the learned Court below, it is observed
that the learned tribunal has imposed interest at the rate of 9% per annum on
the awarded compensation which according to this Court is on the higher side
since this Court in all such, similar sort of MAC cases, is fixing interest on the
awarded amount @7.5% simple interest as a standard rate of interest
considering the prevalent bank rate of interest which is obviously less than
9% per annum as fixed by the learned trial Court.
[9] Accordingly, the appellant-Insurance company is directed to
deposit the awarded amount of Rs.27,05,200/- as assessed by the learned
Court below along with 7.5% simple interest per annum from the date of
registration of claim till date of realization, if not yet disbursed, within one
month from today to the Registry of the High Court of Tripura. On deposit of
the said amount, the claimants would be at liberty to withdraw the said
compensation unconditionally as per procedure.
[10] It is also observed that at the time of filing of the present appeal,
a statutory amount of Rs.25,000/- has been deposited by the insurance
company. It is open for the insurance company either to claim return of the
same from the Registry or to adjust the same with the compensation.
[11] With the above observations and directions, the impugned order
dated 26.07.2024 passed by the learned tribunal below is modified to the
extent as indicated above. Resultantly, the present appeal stands disposed of.
As a sequel, miscellaneous application(s), pending if any, shall also stand
closed.
JUDGE
Sabyasachi G.
SABYASACHI GHOSH GHOSH
Date: 2026.03.19 16:17:29 +05'30'
