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CDJ 2025 THC 260 print Preview print Next print
Court : High Court of Tripura
Case No : MAC. App. No. 31of 2025
Judges: THE HONOURABLE DR. JUSTICE T. AMARNATH GOUD
Parties : Liberty General Insurance Limited Aartala Branch Versus Dongbee Chakma & Others
Appearing Advocates : For the Appellant: Shubhajit Chakraborty, Samar Das, Baishakhi Chakraborty, Advocates. For the Respondent: Gitangshu Sekhar Das, Arjun Acharjee, Kushal Deb, Moon Basu, Subhankar Deb, Advocates.
Date of Judgment : 01-12-2025
Head Note :-
Motor Vehicles Act, 1988 - Section 173 -
Summary :-
1. Statutes / Acts / Rules / Orders / Regulations, and Sections Mentioned:
- Section 173 of the Motor Vehicles Act, 1988
- Section 166 of the Motor Vehicles Act, 1988
- Motor Vehicles Act, 1988

2. Catch Words:
- Compensation
- Insurance
- Appeal

3. Summary:
The appeal filed by an insurance company under Section 173 of the Motor Vehicles Act challenges a compensation award dated 19‑03‑2024 passed by the Motor Accident Claims Tribunal, Udaipur, in a fatal road‑traffic accident that occurred on 08‑03‑2020. The deceased’s relatives had claimed Rs 1,96,10,000 under Section 166, but the Tribunal awarded Rs 59,15,100 with interest. The insurer contended that the Tribunal failed to examine vehicular documents before holding it liable. The Court examined the evidence, found the Tribunal’s findings reasonable, and held that the lack of document examination was immaterial. Consequently, the Tribunal’s award was affirmed. The interim stay, if any, was vacated and pending applications were closed.

4. Conclusion:
Appeal Dismissed
Judgment :-

[1] This present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, filed by the appellant- insurance company, challenging the judgement and award dated 19.03.2024, passed by the Learned Motor Accident Claims Tribunal No.-1, Gomati Judicial District, Udaipur, in Case No. T.S. (MAC) 24 of 2020.

[2] The brief facts of the case as enumerated in the present appeal are that on 08.03.2020 at about 14-50 Hours the victim namely Dirapada Chakma was proceeding towards Udaipur by riding his motor-bike bearing registration No. TR-03-F-5644 (Achiever Bike). When he reached at Dhajanagar near Don Bosco School, Udaipur, on NH Road, his motor-bike was dashed by a vehicle bearing regn. No. TR-03-H-1556 (Auto Truck), face to face, which was coming from the front opposite direction from Udaipur side. As a result of that, victim sustained severe injuries on his person. Immediately after the accident,t victim was taken to District Hospital, Udaipur wherein during treatment he succumbed to his injuries.

[3] The Claimant-Respondents i.e. the Respondent No.-1-4 herein on 20.07.2020 had filed an application under section 166 of the Motor Vehicles Act, 1988, for granting compensation of Rs. 1,96,10,000/- due to death of deceased victim namely Dirapada Chakma in the road traffic accident occurred on 08.03.2020. After hearing the parties and conclusion of trial the learned Tribunal below passed the judgment and award dated 19.03.2024, whereby and where under the Claimant Respondents have been awarded a sum of Rs.59,15,100/- (Rupees Fifty Nine Lac Fifteen Thousand One Hundred) only with interest thereon at the rate of 7% per annum with effect from date of filing of the claim application i.e., from 20.07.2020 to till realization of the full.

[4] Aggrieved by and dissatisfied with the aforesaid judgment and award dated 19.03.2024 passed by the learned Tribunal, the appellant–Insurance Company preferred the instant appeal before this Court seeking to quash/modify the impugned judgment and award.

[5] Heard Mr. Samar Das, learned counsel appearing for the appellant–Insurance Company, who submits that learned Tribunal below has failed to appreciate the fact that without proper examination of the vehicular documents, liability can never be shifted upon insurance company. Stating thus, learned counsel prays this Court to allow this appeal.

[6] Heard and perused the evidence on record.

[7] Upon hearing the submissions made at the Bar and on 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 vehicular documents were not duly proved is without merit, as the Tribunal had rightly decided the case on the basis of the evidence and surrounding circumstances, which this Court finds to be reasonable and just.

[8] Accordingly, the award passed by the learned Tribunal is hereby affirmed and upheld. The appeal preferred by the Insurance Company stands dismissed. The awarded amount, if not yet disbursed, shall be released to the claimant(s) in terms of the award.

[9] As a sequel, the interim stay, if any, stands vacated. Pending application(s), if any, also stand(s) closed.

 
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