HIGH COURT OF TRIPURA
AGARTALA
MAC App. No.94 of 2024
ICICI Lombard General Insurance Company Limited,
GRS Tower, Old RMS Chowmuhani, P.S. West Agartala,
West Tripura, Pin 799001.
Insurer of vehicle bearing registration No.TR-02G-1775,
(Bolero Pickup Vehicle).
.
…Appellant
Versus
1. Smt. Anjana Das (Mother of the deceased),
W/O- Sri Bakul Das,
Resident of Village- Bhagyapur,
P.O.- Dhanbilash,
P.S. & Sub-Division- Kailashahar,
District- Unakoti, Tripura
Pin- 799280.
...Claimant-Respondent.
2. Sri Sanjit Sinha,
S/O. Sri Binode Sinha,
Resident of Village- Fultali,
P.S. & Sub-Division- Kailashahar,
District- Unakoti, Tripura. (Driver and Owner)
[(Owner-cum-Driver of the offending vehicle bearing
registration No.TR-02G-1775, (Bolero Pickup Vehicle)]
…Owner Respondent.
For Appellant(s) : Mr. Rajib Saha, Adv.
For Respondent(s) : Mr. Samarjit Bhattacharjee, Adv,
Mr. D. Paul, Adv.
Date of Hearing : 27.11.2024
Date of delivery of
Judgment and Order : 30.11.2024
Whether fit for
Reporting : NO
JUSTICE BISWAJIT PALIT
HON’BLE MR.
Judgment & Order
This appeal under Section 173 of M.V. Act is filed
challenging the judgment and award dated 16.01.2024
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delivered by Learned Member, MAC Tribunal No.1, Unakoti
District, Kailasahar, in connection with case No.T.S. (MAC)
No.40 of 2022. By the said judgment, Learned Tribunal below
has awarded compensation amounting to Rs.11,50,000/- with
6% interest per annum from the date of filing the claim-
petition w.e.f. 29.09.2022 to within two months i.e. from that
day of judgment, failing which the O.P. shall have to pay penal
interest at the rate of 9% per annum till the date of actual
payment.
02. Heard Learned Counsel, Mr. Rajib Saha,
representing the appellant and also heard Learned Counsel, Mr.
Samarjit Bhattacharjee, appearing on behalf of the claimant-
respondent and Learned Counsel, Mr. D. Paul for the owner-
respondent.
03. In course of hearing of argument, Learned Counsel
for the appellant-Insurance Company submitted that before the
Learned Tribunal, the driving licence of the driver was not
properly produced, because the offending vehicle was a heavy
vehicle and the driving licence produced (Exhibit-C) was for
driving of LMV-NT vehicle. So, Learned Tribunal below relying
AIR 2011 SC
upon the judgment of Hon’ble Apex Court in
1234 (Kusum Lata & Ors. Vs. Satbir & Ors.) and applied
the principle of ay and Recovery and fastened the liability of
‘P ’
payment of compensation upon the Insurance Company, i.e.
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the present appellant herein which was not permissible in the
eye of law.
Learned Counsel further submitted that the rate of
interest determined by the Learned Tribunal below was highly
excessive and the Learned Tribunal below in the
judgment/award did not assign any reason for fixing such
further rate of interest and urged for fixing the rate of interest
at the rate of 7.5% per annum.
04. Learned Counsel for the claimant-respondent also
fairly submitted that the claimant shall have no objection if the
rate of interest is fixed at the rate of 7.5% per annum.
Learned Counsel for the respondent-owner urged for
passing appropriate order.
05. I have heard submission of both the sides and also
gone through the judgment and award of the Learned Tribunal
below. The respondent-claimant filed one claim-petition before
the Learned Tribunal below alleging inter alia that on
09.05.2022, one Sridam Das along with his other workers were
returning back from Kanchanbari with decoration articles by
boarding in a vehicle bearing No.TR-02G-1775 (Bolero Pick Up
Vehicle) and when the vehicle reached near Assam Rifles Camp
on Kamalpur-Kailashahar Road at about 5 a.m., that time the
vehicle dashed against a culvert and as a result, all the
workers of the vehicle fell down on the road and sustained
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injury. Sridam Das sustained severe injury on his person.
Police shifted him to Fatikroy PHC, as his condition was
precarious. So, he was further shifted to Kailashahar District
Hospital when the doctor declared him as dead. On the basis of
information a suo-moto FIR was laid and accordingly, Fatikroy
P.S. case No.19/2022 under Section 279/338 IPC with added
Section 304A was registered. According to the respondent-
claimant, the accident occurred due to rash and negligent
driving of the offending vehicle bearing No.TR-02G-1775
(Bolero Pickup Vehicle). It was also the case of the respondent-
claimant that Sridam Das was a decorator by profession and
his monthly income was Rs.20,000/- and on the day of alleged
accident, he was only 22 years old. So, the respondent-
claimant filed the claim-petition.
Before the Tribunal, the Insurance Company, i.e.
the appellant herein and the owner-cum-driver appeared and
submitted their written statement denying the assertions of the
respondent-claimant. However, upon the pleadings of the
parties, Learned Tribunal below framed some issues and to
substantiate the issues both the parties have adduced
oral/documentary evidence on record and after conclusion of
the enquiry, the Learned Tribunal below allowed the claim-
petition of the respondent-claimant and awarded compensation
in favour of the respondent-claimant. The operative portion of
the judgment and award dated 16.01.2024 runs as follows:
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A W A R D
12. In the result, it is ordered that O.P.
No. 2, The ICICI Lombard Nibhaye Vaade
Insurance Company Ltd., Regional Office
- 2nd Floor, RMS Chowmuhani, Agartala,
West Tripura, the Insurer of the
offending vehicle bearing No. TR 02-G-
1775 (Bolero Pickup), as per the
principle of pay and recover shall pay the
awarded amount of compensation of
Rs.11,50,000/- (Rupees eleven lakh fifty
thousand) with interest @ 6% per annum
from the date of filing of the case, i.e., on
29-09-2022 to the claimant-petitioner
within 02(two) months from today,
failing which the OP No.2 shall have to
pay penal interest of 9% p.a. till the date
of actual payment.
13. Order regarding manner of
disbursement of the compensation
amount shall be passed as per the
guidelines of the Hon’ble High Court of
Tripura after payment of the awarded
amount.
14. Supply copy of this award free of cost
to the claimantpetitioner and OP Nos. I
&2 through their engaged learned
counsels.
15. The case stands disposed of.
So, after hearing both the sides and also after going
through the judgment and award of the Learned Tribunal
below, it appears that the Learned Tribunal below rightly
relying upon the judgment of the Hon’ble Apex Court as stated
above (Supra), opted to apply the principle of Pay and
‘
Recovery Policy for want of admissible driving licence of the
’
driver of the offending vehicle and fastened the liability of
payment of compensation upon the appellant. So, I find no
infirmity in the said principle applied by the Learned Tribunal
below. But regarding fixing of the rate of interest, it appears
that Learned Tribunal below at the time of determination of
compensation directed the appellant to pay the amount of
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compensation with 6% interest from the date of filing the
claim-petition i.e., w.e.f. 29.09.2022 to within two months
from the date of delivery of judgment i.e. w.e.f. 16.01.2024,
failing which the appellant-Insurance Company shall have to
pay penal interest at the rate of 9% per annum from the date
of actual payment.
06. On perusal of the said part of the findings of the
Learned Tribunal below, it appears that the said observation
was not in accordance with law. As Learned Counsel for both
the appellant and respondent-claimants during argument fairly
submitted for fixing the rate of interest at the rate of 7.5% per
annum, so, in the considered view of this Court, the rate of
interest be fixed at the rate of 7.5% per annum from the date
of filing the claim-petition i.e., w.e.f. 29.09.2022 to till the date
of actual payment.
07. In the result, the appeal filed by the appellant is
hereby partly allowed. The judgment and award of the Learned
Tribunal below is modified to the extent that the appellant-
Insurance Company shall pay total amount of compensation of
Rs.11,50,000/- along with 7.5% interest per annum from the
date of filing the claim-petition i.e. w.e.f. 29.09.2022 till the
date of actual payment to the respondent-claimants. From the
record it appears that, as per order of this Court, the appellant
has already deposited 50% of the amount of compensation to
the Registry of this High Court. So, the appellant-Insurance
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Company be asked to deposit the balance amount of
compensation with accrued interest as per judgment to the
Registry of this High Court within a period of six weeks from
the date of passing of this judgment/ order.
A copy of this order be supplied free of cost to
Learned Counsel for the appellant-Insurance Company and also
to the Learned Counsel for the respondent-claimants. With this
observation this appeal stands disposed of.
Send down the LCR along with a copy of the
judgment/order.
Pending application(s), if any, also stands disposed
of.
JUDGE
MOUMITA Digitally signed by
MOUMITA DATTA
Date: 2024.12.02
DATTA
19:42:41 +05'30'
Purnita