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2018 Supreme(Tri) 157
IN THE HIGH COURT OF TRIPURA, AGARTALA
ARINDAM LODH, J.
The Divisional Manager, National Insurance Company Ltd. - Appellant
Versus
Smti. Swapna Debbarma (Wife) W/o Late Asit Debbarma & Ors. - Respondents
MAC App. 63 of 2015
Decided On : 15-06-2018
For the Appellant :Mr. A. Nandi, Advocate.
For the Respondents:Mr. D.K. Biswas, Mr. Somik Deb, Mr. Koushik Roy, Advocates.
The main legal point established in the judgment is the application of the principles of loss of dependency and loss to the estate in determining compensation for motor vehicle accidents under the Motor Vehicles Act.
Headnote:
Motor Vehicles Act - Appeal under Section 173(1) - Summary of Acts and Sections: Motor Vehicles Act, 1988, Section 166, Section 170 - The court discussed the legal provisions related to compensation for motor vehicle accidents, burden of proof, and maintainability of appeals by insurance companies. The court also referred to case laws to interpret the standard of proof and the principles of loss of dependency and loss to the estate.
Fact of the Case:
The legal heirs of deceased Asit Debbarma filed a claim application under Section 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, seeking compensation for his death in a road accident. The claimants alleged that the accident was caused by the rash and negligent driving of the motorbike rider. The Tribunal awarded compensation, which was appealed by the insurance company.
Finding of the Court:
The court found that the claimants were entitled to compensation for loss of dependency and loss to the estate. It held that the insurance company's appeal was maintainable and reduced the compensation amount based on the evidence and legal principles.
Issues: The issues included the dependency of the claimants on the deceased, the maintainability of the insurance company's appeal, and the calculation of compensation based on loss of dependency and loss to the estate.
Ratio Decidendi: The court applied the principles of loss of dependency and loss to the estate to determine the compensation amount. It also clarified the maintainability of appeals by insurance companies in motor accident cases.
Final Decision: The court partly allowed the appeal, modified the judgment, and reduced the compensation amount to Rs. 27,44,000 for the claimant-respondents.
This is an appeal under Section 173(1) of the Motor Vehicles Act, 1988 preferred by the Divisional Manager, National Insurance Co. Ltd., Agartala Branch for setting aside the judgment dated 10.06.2015 delivered in case No. T.S(MAC)87/2014 passed by the learned Member, Motor Accident Claims Tribunal, Court No.4, Agartala.
2. Heard Mr. A. Nandi, learned counsel appearing for the appellant as well as Mr. Somik Deb, learned counsel appearing for the respondents.
3. The legal heirs of deceased Asit Debbarma filed claim application under Section 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal. The claimants were Smt. Swapna Debbarma (Wife), Sri Shreyon Debbarma (Son) and Smt. Bakul Rani Debbarma (Mother). Smt. Swapna Debbarma being the wife of the deceased appeared before the learned Tribunal as PW1. In her deposition, she has stated that she would depose on behalf of the other two claimants.
4. Her projected case, in short, is that her husband, Asit Debbarma met with an accident on 09.08.2013 at Harimangalpara under Takarjala P.S. and it was due to the rash and negligent driving of the driver of the motor bike bearing registration No. TR01 R 5873. The deceased Asit Debbarma was a government employee working as a Junior Engineer under the Public Works Department of the Government of Tripura having a monthly salary of Rs.35,398/- per month only.
5. She lodged the FIR on 10.08.2013 wherein she stated, inter alia, that her husband Asit Debbarma, now deceased, on 09.08.2013 at 4.30 p.m. went out from his house with his friend Sri Goutam Debbarma in the motor bike bearing No. TR01 R 5873 (Hero Honda) and at about 8.30 p.m. when she called on his mobile, an unknown person received the call and told the informant that the husband of the informant had met with an accident and was lying on the road. Then and then, with the help of local people the deceased was taken to the Takarjala CHC where he was declared dead by the attending medical officers. The informant along with other relatives rushed to the hospital and found the dead body of the deceased lying in the hospital. Thereafter, the informant, i.e. Smt. Swapna Debbarma and other police officials went to the place of occurrence, i.e. at Harimangalpara where after inquiry the police came to know that the driver of the motor bike bearing No. TR01 R 5873 was driving the bike very rashly and negligently, resulting in the said accident. In the claim application, the claimants have claimed compensation of Rs.91,21,352/- along with interest @ 9% p.a.
6. The owner of the motor bike bearing No. TR01 R 5873 was found to be one Sri Rameswar Debbarma (OP No.1) who has admitted the fact of the said accident as averred in the claim petition and has further stated that on the date of incident, deceased Asit Debbarma boarded the bike in the back side of Sri Goutam Debbarma (OP No.2). From the statements made in the written objection, it is revealed that the owner Sri Rameswar Debbarma was very close to both the deceased and Goutam Debbarma.
7. Goutam Debbarma also filed written objection wherein he denied that the incident was caused due to him. He denied that the motor bike bearing No. TR01 R 5873 was being driven by him.
8. The National Insurance Co. Ltd. (OP No.3) also filed written objection and have denied all the contentions made in the claim application.
9. During the course of proceedings, Smt. Swapna Debbarma deposed for and on behalf of her son and mother-in-law. She has submitted the relevant documents like FIR (5 sheets) marked as Exbt-1 series, original Death Certificate (Exbt-2), Survival certificate (Exbt-3), preliminary report of Takarjala CHC (Exbt-4), Certified copy of the postmortem report (Exbt-5), Certified copy of the forwarding letter by Takarjala P.S. addressed to the Judicial Magistrate, 1st Class (Exbt-6), appointment letter of deceased Asit Debbarma (Exbt-7), Salary certificate in original (Exbt-8).
10. In her cross-examination, she denied the
