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2018 Supreme(Tri) 34
IN THE HIGH COURT OF TRIPURA, AGARTALA
S. TALAPATRA, J.
National Insurance Company Limited - Appellant
Vs.
Smt. Prabita Debnath (Roy), Wife of late Manas Roy & Ors. - Respondents
MAC APP 74 of 2015
Decided On : 29-01-2018
For the Appellant :Mr. S. Lodh, Advocate.
For the Respondents:Mr. S. Adhikari, Advocate.
The central legal point established in the judgment is the determination of the causal relationship between a road traffic accident and a victim's death, as well as the legality of interest rates on compensation awards under the Motor Vehicles Act.
Headnote:
Motor Vehicles Act - Appeal under Section 173 - 279/338/304A IPC - 2009 ACJ 1298 (SC), 2013 ACJ 1403 (SC), 2011 (3) TAC 837 (Gau) - Sections 95(1)(b)(i), 96(2)(b)(ii), 92-A - 2012 ACJ 48(SC), 2013 ACJ 2418, 2011 ACJ 2729, 2002 ACJ 1950(SC) - The court discussed the principles of compensation under the Motor Vehicles Act, the causal relationship between the use of a motor vehicle and the accident resulting in death, and the legality of interest rates on compensation awards.
Fact of the Case:
The case involved a road traffic accident resulting in the death of a motorcycle rider. The appellant, an insurance company, disputed the cause of death and the interest rate on the compensation award.
Finding of the Court:
The court found that the evidence supported the conclusion that the victim's death was related to the road traffic accident. The court dismissed the appeal, upholding the compensation award and the interest rate, directing the appellant to pay the entire amount to the claimants.
Issues: Dispute over the cause of the victim's death and the interest rate on the compensation award.
Ratio Decidendi: The court relied on medical evidence and legal principles to determine the causal relationship between the accident and the victim's death, as well as the legality of the interest rate on the compensation award.
Final Decision: The appeal was dismissed, and the appellant was directed to pay the entire amount of compensation to the claimants.
Heard Mr. S. Lodh, learned counsel appearing for the appellant as well as Mr. S. Adhikari, learned counsel appearing for the respondents.
2. This is an appeal filed under Section 173 of the Motor Vehicles Act, from the judgment and award dated 29.08.2015 delivered in T.S (MAC) 21 of 2012 by the Motor Accident Claims Tribunal, West Tripura, Agartala, No. 2. The National Insurance Company Limited as the insurer of the offending vehicle has been saddled with the liability of making the payment of the award. There is no dispute that the appellant is the insurer of the offending vehicle (MAX jeep) bearing registration no. TR-03-3769. By this appeal, the appellant has questioned two findings viz. (i) the deceased died due to the road traffic accident and (ii) the award would carry interest @9% per annum.
3. The brief fact which is essentially relevant is that in the road traffic accident which occurred on 02.02.2010, one Manash Roy who was travelling by his motorcycle bearing registration no. TR-03-A-6115 was dashed by one Max jeep bearing registration no. TR-03-3769, hereinafter, referred to as the offending vehicle, at Bagma-Salbagan coming from the opposite direction at high speed. Manash Roy suffered grievous injuries on various parts of his person and he was rushed to Tripura Sundari District hospital, Udaipur by the offending vehicle itself. On assessment of his condition, he was referred to TMC & Dr. BRAM teaching hospital, Agartala. He was admitted there on the day of the accident itself and was discharged on 11.02.2010 with advice to attend the dental outpatient department (OPD) for further management. The injured was thereafter taken to Kolkata for better treatment, but his life could not be saved. On his return on 14.05.2010, the injured died at his residence at Joynagar, Agartala. In the wake of the said accident, R.K. Pur PS case no. 32 of 2010 was registered under Sections 279/338 added lateron with section 304A of the IPC against the driver of the Max jeep for rash and negligent driving. The victim was working in a Micro Finance company at Udaipur and according to the claim-petition, he was earning Rs.4,681/- per month. At the time of his death, he was 30 years according to the claimants.
4. The owner of the offending vehicle by filing the written statement admitted the accident, but denied rash and negligent driving of the vehicle. In the written statement filed by the owner of the offending vehicle, it has been stated that for rash and negligence of the victim, the accident took place. One Ratan Sarkar having a valid driving license was driving the vehicle at the relevant point of time. The vehicle had all the requisite documents. The insurer filed the written statement denying and disputing all claims and prayed for dismissal of the claim.
5. On scrutiny of the records, it appears that the claimant-respondent no.1 examined herself as PW-1 and introduced the documentary evidences viz. the discharge certificate of the victim from TMC hospital, Agartala, certificate of Charring Cross Nursing Home, Kolkata and other six documents relating to the treatment of the victim at Kolkata [Exhibit 2 series] along with the papers relating to the police case [Exhibit 1 series]. The claimant-respondent no. 1 had also introduced 26 money receipts [Exhibit 3 series] and one money receipt from the Charring Cross Nursing Home [Exhibit 4 series], 3 money receipts as ambulance charges [Exhibit 5 series] and 14 money receipts relating to the test and purchasing of the medicines [Exhibit 6 series]. In addition, 5 bills of the Charring Cross Nursing Home [Exhibit 7 series], death certificate of the victim [Exhibit 8], Voter Identity Card [Exhibit 9], the discharge certificate of the victim from Tripura Sundari District Hospital, Udaipur [Exhibit 10], air tickets [Exhibit 11], a copy of the admit card of the Secondary Examination of the victim [Exhibit 12], salary certificate of the victim [Exhibit 13] and a copy of the citiz
