HIGH COURT OF TRIPURA A_G_A_R_T_A_L_A MAC. App. No.68 of 2024 1. The Branch Manager, Shriram General Insurance Company Ltd. ….. Appellant -V E R S U S- 1. Md. Abu Taher and Others. .....Respondents. B_E_F_O_R_E HON’BLE JUSTICE DR. T. AMARNATH GOUD For Appellant(s) : Mr. K. De, Advocate. For Respondent(s) : Mr. A. Das, Advocate Mr. S. Lodh, Advocate. Mr. S. Majumder, Advocate. Whether fit for reporting : NO Judgment and order dated 22nd August, 2025 JUDGMENT & ORDER [ORAL] Heard. [2] This is an appeal filed under Section-173 of the Motor Vehicles Act, 1988 read with Section-168 of the Act ibid against the impugned judgment and award dated 09.10.2023 passed by the learned Member, Motor Accident Claims Tribunal, North Tripura, Dharmanagar, in connection with T.S. (MAC) 45 of 2019. [3] The facts in brief are that, on 29.06.2016 at about 11.40 hours the claimant driving his motor bike bearing No. TR-02-9809 (TVS Star City) was proceeding from Pecharthal side towards Dharmanagar and while he reached at Laxmancherra rubber bagan on Assam Agartala road at that time the offending vehicle No. AS-01DD-1546 Truck which was coming from opposite direction dashed the motor bike of the claimant. As a result the claimant sustained severe bleeding injuries and the front side of the motor bike was badly damaged. Thereafter, the injured person was shifted to Pecharthal PHC by the local public and seeing the critical condition of the claimant he was referred to RGM Hospital Kailashahar for better treatment. As the claimant received grievous bleeding injuries, the attending doctors of RGM Hospital again referred him to higher centre for better treatment and seeing the critical condition of the claimant the guardian of the claimant by hired a n Ambulance took him to Silchar and on 29.06.2016 the injured got admitted in the South City Hopsitla at Sulchar as indoor patient. Due to the said accident the claimant had filed the instant claim case before the learned Court below. But the learned Court below without considering the judgment of the Hon’ble Apex Court had passed the award. [4] The learned Court below after hearing the parties and on perusal of the material evidence on record has observed as under: “20. In the result, the petition filed under section 166 of the Motor Vehicles Act filed by the claimant-petitioner is hereby allowed. It is ordered that the claimant petitioner is entitled to get an award amounting to Rs.30,98,950/- (Rupees thirty lakh ninety eight thousand nine hundred fifty) only as compensation and the OP No.3, he Shriram General Insurance Company Ltd. and OP No.5, the National Insurance Company Ltd. being the insurers of the said vehicles are jointly liable to pay the award to the claimant-petitioner as police submitted charge sheet against both the drivers of the vehicles. 21. The Opposite Party No.3, the Branch Manager, The Shriram General Insurance Company Ltd., Near Tripura Gramin Bank, Bardowali, PO & PS.- A.D. Nagar, Agartala, West Tripura being the insurer of vehicle bearing registration No. AS-01DD-1546 (Truck) and the Opposite Party No.5, the Branch Manager, The National Insurance Company Ltd. Thana Road, Babur Bazar, PS- Dharmanagar, DistrictNorth Tripura being the insurer of vehicle bearing registration No. TR02-9809 (Star City) are directed to make payment of the award of the compensation 50% each to the claimant-petitioner within 30 days from this day of award along with interest @ 6 % per annum from the date of presentation of the claim petition before this tribunal i.e. 13-11-2019 till the date of actual payment. 22. The award together with interest shall be released in favour of the claimant-petitioner by transmitting it directly to the account of the claimant-petitioner. 23. Supply a copy of the Judgment to the claimant-petitioner for his ready reference. A copy of the Judgment shall also be communicated to the Opposite Party No.3, the Branch Manager, The Shriram General Insurance Company Ltd., Near Tripura Gramin Bank, Bardowali, PO & PS.- A.D. Nagar, Agartala, West Tripura and the Opposite Party No.5, the Branch Manager, The National Insurance Company Ltd. Thana Road, Babur Bazar, PS- Dharmanagar, District- North Tripura to facilitate the payment of the awarded compensation in time.” [5] Being aggrieved and dissatisfied with the same, the present appeal has been preferred by the appellant insurance company before this Court for redress. [6] Mr. K. De, learned counsel appearing for the appellant-insurance company has submitted that the learned Court below erred in law by not considering various judgment of the Hon'ble Apex Court passed in various cases. The learned Court below has awarded Rs. 36,000/- as attendants charge merely on the presumption of believe and guess work and also by adding 40% of his monthly income with the total income of the injured. [7] The learned Court below has failed to consider the judgment of the Hon'ble Apex Court. Hon'ble Apex Court has clearly stated in Pranay Sethi judgment that in case of death only there should be addition of 40% to the total income. But the instant case relates to injury of the claimant. The age of injured was considered as 25 years in absence of any documentary evidences. It has been further contended that the learned Court below has awarded compensation under the head of 'Diet' and 'Nutrition and Attendant' only on the basis of mere presumption and in this aspect there was also no claim from the Original Claimant or from the present Claimant Respondent. [8] The learned Court below had most arbitrarily given interest of 7.5% per annum to be paid from the date of death of deceased claimant i.e. from 04.02.2020 till date of payment without considering the fact that the present case is no way related to the death of the original claimant. Moreover, the original claim case was decided afresh only after remanding back the same was disposed by a judgment dated 19.09.2023. [9] In view of above and having observed the findings of the learned Court below it is seen that the learned Court below has assessed the compensation on the basis of the judgment of the Hon’ble Apex Court as averted in the case of Pranay Sethi but, this principle would be applied when the victim is died. But the present case is related to disability not a case of death. Thus, the amount as assessed by the learned Court below at para-15 of the judgment of the learned Court below needs to be interfered with and accordingly, the claimants are entitled to get Rs.30,98,950 - Rs.27,21,600/- = Rs. 3,77,350/- instead of Rs. 30,98,950/- as awarded by the learned Court below. [10] Having regard to the assessment of compensation on other heads as assessed by the learned tribunal is just and proper and needs no interference as the reasoning given in the award itself is sufficient as such, the remaining part of the award shall remain unaltered. The awarded amount shall be deposited by the insurance company within a period of one month from today if not deposited earlier and on such deposit, the claimants are entitled to withdraw the same unconditionally as per procedure. However, the statutory amount, if any, deposited by the insurance company be returned back, as per procedure. [11] With the above modifications and directions, the appeal stands partly allowed. As a sequel, miscellaneous applications pending, if any, shall stand closed. Dr.T. Amarnath Goud, J A.Ghosh ANJAN GHOSH Digitally signed by ANJAN GHOSH Date: 2025.09.01 17:03:40 +05'30'