Icici Lombard General Insurance Company Limited v. Smt. Shefali Mitra and Ors

Judgment and Order (Oral)

Heard learned counsel for the parties. [2]

This is an appeal under Section 173 of the Motor Vehicles Act, 1988 read with Section 168 of the Act, filed by the appellant, insurance company, challenging the judgment and award dated 14.07.2023 passed by the learned Motor Accident Claims Tribunal, Khowai, Tripura in case No.T.S.(MAC) 11 of 2021. [3]

The appellant has prayed for the following reliefs:

(i) Admit the appeal

(ii) Call for the case records from the Learned Motor Accident Claims Tribunal, Khowai, Tripura in case No.T.S.(MAC) 11 of 2021.

(iii) After hearing the parties be pleased enough to set aside/quash and modify the impugned judgment and award dated 14.07.2023 passed by the learned Tribunal below and may be kind enough to pass an appropriate order in terms of the law laid down by the Hon'ble Apex Court and this Hon'ble High Court by passing the various judgments in this regard, for the fair ends of justice.

(iv) Pending disposal of the present appeal., stay the further operation of the impugned judgment and award dated 14.07.2023, in case No.T.S.(MAC) 11 of 2021 passed by the Learned Motor Accident Claims Tribunal, Khowai, Tripura;

(v) Pass such other order or orders as the Hon'ble High Court may seem fit and proper.

[4]

Briefly stated the case of the claimant-respondents is that on 19.10.2020 in between 12.00-12.30 p.m. deceased Kalipada Mitra was proceeding towards his house

from Subhash Park, Khowai by riding his by-cycle on the left side of the road when he reached near Public Library, Khowai at that time the offending vehicle bearing Reg No. TR-01-R-9985 (Hero Xtreme) coming from opposite direction with high speed dashed him from back side on Office road, Khowai. As a result of which he fell down on the road and sustained grievous bleeding injuries on his person. Thereafter, local people shifted him to Khowai hospital wherefrom he was refereed to AGMC & GBP hospital and during his treatment on 20.10.2020 at about 02.00 p.m. he died in the said hospital. According to the claimant-respondents at the time of accident the deceased was 53 years old. He used to earn Rs. 25,000/- per month and he is survived by his aged mother, wife and children. A criminal case has been registered for the said accident in Khowai PS vide Khowai PS Case No. 133/2020, U/s. 279/338/304 (A) of IPC. [5]

The learned Tribunal after hearing the parties and on perusal of the material evidence on record has observed as under:

"Being the insurer of the offending vehicle, the OP No.2, the ICICI Lambard General Insurance Company Ltd. (OP No.02) is to pay the awarded compensation amount of Rs.18,02,000/- (rupees eighteen lakh two thousand) only along with interest @ 9% perannum within 60 days from the date of passing of this award.

The claimant-petitioner No.1 Smt. Shefali Mitra, the wife of the deceased is entitled to get compensation for an amount of Rs.6,30,700/-- (rupees six lakh thirty thousand and seven hundred) only, the claimant-petitioner No.4, Smt. Manada Mitra Mitra, the mother of the deceased is entitled to get an amount of Rs.6,30,700/-- (rupees six lakh thirty thousand and seven hundred) only and the claimant-petitioner No.5, Smt. Supriya Mitra (Das), the daughter of the deceased is also entitled to get an amount of Rs.5,40,600/-- (rupees five lakh forty thousand and six hundred) only and the OP No.2, ICICI Lambard General Insurance Company Ltd. is to pay the awarded amount of compensation to the claimant petitioners with 9% interest perannum from the date of filing of the claim petition by the claimant-petitioners till the date of payment. Out of the amount of total compensation 50% of the awarded amount be kept in fixed deposit scheme in any Nationalized Bank for a period of 5 (five) years and the said claimant petitioners if desire will be at liberty to draw the monthly interest to be accrued from the fix deposit scheme."

[6]

Being aggrieved by and dissatisfied with the judgment and award dated

14.07.2023 passed in connection with T.S.(MAC) 11 of 2021 by the learned Member, Motor Accident Claims Tribunal Khowai, Tripura, the present appeal has been preferred by the appellant.

[7]

The learned Court below has assessed the monthly income of the deceased as Rs.15,000/- being a carpenter. But this Court following the notification dated 4th August, 2023 framed by the High Court, wherein no income of proof of the injured/deceased issued by the competent authority is submitted, notional wages for determination of compensation in the claim cases/appeals involving accidents which has taken place on or before 31.12.2015 shall be Rs.12,000/- for a skilled worker and in the present case accident had taken place in 2020. After taking consent from both sides and as per schedule of the notification of this Court, the income of the deceased is considered as Rs.12,000/-. Hence, Rs.15,000/- is reduced to Rs.12,000/-. Moreover, following the judgment of Santosh Devi vs. National Insurance Company Ltd and Ors by the Hon'ble Supreme Court one third of his income will be deducted towards personal and living expenses of the deceased. As per the judgment passed by the Hon'ble Supreme Court of India in National Insurance Company Ltd vs Pranay Sethi & Ors an addition of 10% of the income should be added towards future prospects. Thus the computation would be as follows:

(i) Income per month Rs.12,000 only + 10% of the income towards future prospect Rs.1200/- = Rs.13200

(ii) One third of Rs.13200/-= Rs.4400/-

[8]

The income per month comes after deducting the amount for personal expenses of the deceased is Rs.13200/- - Rs.4400 = Rs.8800. So, the loss of dependency is Rs.8800 x 12 x 11 = Rs.11,61,600/- (Rupees eleven lakhs sixty one thousand and six hundred) only. [9]

This Court considers the submission as advanced by the counsel for the appellant that the learned tribunal below has excessively awarded compensation under various heads and those need to be reduced to meet proper ends of justice. Therefore compensation as awarded by the learned tribunal below under the head of funeral

expenses (Rs.25,000/-), loss of love and affection to aged parents (Rs.1,00,000/-) , love of estate (Rs.1,00,000/-), is reduced to the tune as mentioned below: Head Amount Funeral Expenses Rs.15000/-Loss of consortium Rs.1,00,000/-Loss of love and affection to aged parents Rs.40,000/-Loss of estate Rs.15,000/-Litigation costs Rs.25,000/-Total Rs.1,95,000/-

[10]

Hence, the total amount comes to Rs. 11,61,600/- + 1,95,000/- = Rs.13,56,600/- (Rupees thirteen lakhs fifty six thousand and six hundred). [11]

This Court in all matters fixing 7.5% interest and to maintain uniformity while comparing the bank rate of interest which is also much less. Consequently, the claimants would be entitled compensation as indicated above along with 7.5% interest per annum instead of 9% as awarded by the learned tribunal below, with effect from the date of presentation of the claim petition till the date of actual payment. The awarded amount shall be deposited by the insurance company within a period of one month from the date of receipt of the copy of this order, if not deposited. However, it is made clear that on such deposit, the claimants are at liberty to withdraw the same unconditionally as per procedure. [12]

In the light of the above, the present appeal stands partly allowed. As a sequel miscellaneous applications pending, if any, shall stand closed. Draw the decree accordingly and thereafter, send down the LCRs forthwith.

JUDGE

Dipak DIPAK DAS Date: 2024.06.29 13:04:20 +05'30'

HIGH COURT OF TRIPURA AGARTALA Mac.app 98 of 2023 ICICI Lombard General Insurance Company Limited ---Appellant(s) Versus Smt. Shefali Mitra and Ors ---Respondent(s) For Appellant(s) : Mr. Rajib Saha, Advocate. For Respondent(s) : Mr. R Chowdhury, Advocate. Date of hearing and date of judgment and order : 21.06.2024 Whether fit for reporting : HON'BLE MR. JUSTICE T. AMARNATH GOUD