Tripura High Court
The Branch Manager vs Smt. Lipi Bhowmik & Ors on 18 July, 2025
HIGH COURT OF TRIPURA
AGARTALA
MAC.App 71 of 2025
The Branch Manager.
Reliance General Insurance Company Limited
---Appellant(s)
Versus
Smt. Lipi Bhowmik & Ors.
---Respondent(s)
For Appellant(s) : Mr. Rana Gopal Chakraborty, Advocate.
For Respondent(s) : None.
Date of hearing and date of
judgment and order : 18.07.2025
Whether fit for reporting : YES
HON'BLE THE CHIEF JUSTICE (ACTING)
Judgment & Order (Oral)
[1] 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 order dated 17.05.2025 passed by the learned Motor Accident
Claims Tribunal No.2, West Tripura District, Agartala, in case No. C.M.(COND),
48 of 2024 arising out of CM.(REV) 09 of 2024 in T.S. (MAC) 96 of 2021.
[2] The brief fact of the claimants' case is that on 06.04.2021 at about 6-
15 p.m. deceased was standing with his bicycle near a shop of one Ujjal Shil at
Amtali on the extreme left side of National Highway, at that time one motor cycle
bearing registration No. TR-07A-8745(Glamour motor bike) (here-in- after called
the offending vehicle) came from Bishalgarh side with excessive speed in rash and
negligent manner and dashed the deceased and as a result the deceased fell down
on the ground and sustained severe bleeding injury on his persons. Just after the
accident Claimant petitioner No.1 and the cousin brother of the deceased shifted
the deceased to TMC Hospital, Hapania from where he was referred to AGMC &
GPB Hospital on the same day and got admitted. During treatment as an indoor
patient deceased succumbed to his injuries on 01.05.2021 in the hospital. Post
Mortem examination was also done over the body of deceased. In this connection
Page 2 of 5
Amtali PS Case No. 45 of 2021 u/s 279/338 of IPC read with Section 184 of the
M.V. Act was also registered. Claimant petitioners further stated in their claim
petition that the accident occurred due to rash and negligent driving on the part of
the rider of the offending vehicle.
[3] Claimant petitioners also stated that at the time of death deceased was
aged about 55 years and he was a govt. employee as MPW under the Health &
Family Welfare Department, Government of Tripura and used to earn Rs. 48,580/-
per month.
[4] The claimant petitioners, therefore, approached this court seeking
compensation due to death of the deceased and quantified their claim to the tune of
Rs. 74,75,000/-.
[5] The OP No.1, owner of the offending vehicle have contested the suit
by filing written statement and apart from denying all the allegations has
contended that at the time accident the offending vehicle was insured with
Reliance General Insurance Co. Ltd.
[6] The learned tribunal below upon hearing the parties and on perusal of
the material evidence on record, has decided the case of the claimants in the
following manner:
ORDER
In the result, claim is awarded in following terms :-
(i) Claimant petitioners are entitled to get the award of Rs.41,49,165/-( rupees forty one lacs fortynine thousand one hundred sixty five) only along with 6% simple interest per annum from the date of registration of claim i.e, w.e.f. 19.07.2021 till the date of realization thereof.
The petitioner No.1 exclusively shall be entitled to get the amount of Rs. 40,000/- as consortium. The claimant petitioner Nos. 1 and 2 shall have equal share on the rest amount.
75% of the shares of the claimant petitioner Nos. 1 and 2 shall be invested by purchasing separate Fixed Deposit certificates from any Nationalized Bank at least for the next 5 years with auto renewal facility and no loan or advance or pre-mature withdrawal shall be allowed without prior sanction of this Tribunal.
Remaining amount of shares of the claimant petitioner Nos. 1 and 2 shall be credited directly to their individual bank account.
The OP No.2, i.e., the Reliance General Insurance Company Limited shall deposit the awarded amount along with interest thereon within one month to this Tribunal.
Page 3 of 5[7] Being aggrieved by the above-quoted award/order dated 17.05.2025, the present appeal has been preferred by the appellant insurance-company seeking the following relief(s):
(i) Admit this Appeal;
(ii) Call for records relevant to the subject matter of the case from the Learned Motor Accident Claims Tribunal No.-2, West Tripura, Agartala in Case No. T.S. (MAC) 96 of 2021;
(iii) And after hearing the parties be pleased enough to set aside/ quash and modify the impugned Order dated 17-05-2025, passed by Learned Motor Accident Claims Tribunal No.-2, West Tripura, Agartala in Case No. CM(CONDO)-48 of 2024 passed in T.S. (MAC) 96 of 2021, and may be kind enough to pass an appropriate order in terms of the law laid down by the Hon'ble Apex Court by passing the various judgments in this regard, for the fair ends of justice.
(iv) Pending disposal of the present appeal, may be pleased to stay the operation of the impugned judgment and Award dated 09- 12-2022, passed by Learned Motor Accident Claims Tribunal No.- 2, West Tripura, Agartala in Case No. T.S. (MAC) 96 of 2021;
(v) And/ or may be pleased to pass any other order/orders as this Hon'ble High Court may deem fit and proper.
[8] Mr. Rana Gopal Chakraborty, learned counsel for the appellant- Insurance Company, submits before this Court that during the relevant period, the case could not be properly contested before the learned court below due to a shortage of employees in the Insurance Company, and as a result, adequate assistance could not be extended to the learned court below to establish that the claimants were not entitled to the compensation claimed. It is further argued that learned tribunal below erred in law by putting the liability to pay compensation to the claimant respondent upon the appellant insurance company in its absence and as such the impugned judgment and award of the learned court below is unsustainable and is not tenable in the eye of law and is liable to be set aside/quashed.
[9] When enquired by this court about taking steps for to set aside/to restore exparte proceedings against insurance company in Tribunal, it is submitted no steps for restoration has been taken. Further when enquired as to whether on their laches and pleadings & documentary proof is placed, it is submitted that no pleadings and no evidence is placed on record. Only the present appeal is filed.
[10] Heard.
Page 4 of 5
[11] On perusal of the impugned judgment passed by the learned tribunal,
this Court is of the view that since the issue as submitted by the learned counsel for the appellant insurance company has not been raised before the learned tribunal, the same cannot be considered at this belated stage by this Court. Thus, the award as passed by the learned tribunal according to this Court, is just and proper and needs no interference.
[12] On scrutiny of the impugned judgment passed by the learned tribunal it is further noticed that there was no representation from insurance company officials for entering into the witness box(dock) and to depose before the tribunal. The insurance company officials are expected to appear before Court in all matters where public money is involved and to assist Court in the light of the settled principles of law by the Hon'ble Supreme Court of India. No doubt, the compensation that would be awarded is for beneficiaries under the beneficial legislation but, keeping in view the unprofessional act committed by the insurance company officials, the compensation should be paid by the concerned officials of the insurance company. At this juncture, they cannot move away from their responsibility burdening the policy holders by enhancing the premium on year to year basis and disbursing huge amounts of compensation to the claimants at large and drive insurance company to face loss. This act of the insurance company officials is held responsible for draining away the public money by not performing their duty diligently and also not attending the court proceedings to assist judiciary when it is mostly required to ventilate the true facts of the case as per their records. [13] Hence, this Court draws an adverse inference with the action of the erred officials of insurance company for not appearing before the respective Court and lead evidence which is their part of duty and for which, they are drawing huge salary and other incentives. Further not taking any steps for restoration before Tribunal when the matter went on for years together, this shows that the insurance company has no interest in pursuing the court cases. For their inaction, the insurance company cannot be burdened to pay the compensation. It is high time that is seen that for non-cooperation of the officers of the insurance company, on the material available, the cases are being decided. This Court is of the opinion that Page 5 of 5 the insurance company cannot be fastened with the liability of paying the compensation for the negligence of its erred officers.
[14] This Court in identical situations in the cases of (1) MAC.App 30 of 2025 in the National Insurance Company Ltd. vs. Smti Phul Bhanu Bibi and others vide order dated 20.06.2025 (2) MAC App.89 of 2023 in The Oriental Insurance Company Ltd. vs. Smt. Aparna Nath and others vide order dated 22.07.2024; (3) MFA(FA) 2 of 2023 in The Tripura State Electricity Corporation Limited and others vs. Smti. Kamalapati Kaloi and others vide order dated 11.07.2024; and in many other cases has taken the view that liability of paying compensation to the claimants be fastened on the erred officers of the agencies who were negligent to perform their duties. Hence, liability is fastened on all the erred officers of the insurance company who are directly or indirectly involved with the present case and the said compensation as awarded by the learned tribunal which shall be paid to the claimants will be recovered from the erred officers by the Insurance Company. The pay & recovery method to be followed. [15] In view of the above, the compensation of Rs.41,49,165,/- (Rupees Forty one lakh-forty nine thousand one hundred and sixty five) only awarded by the tribunal below shall be deposited by the insurance company with Registry of the High Court of Tripura as early as possible preferably within a period of one month from today, if not paid already. However, it is made clear that on such deposit, the claimants are at liberty to withdraw the same unconditionally as per procedure.
[16] With the above observation, the appeal stands dismissed. As a sequel, miscellaneous applications pending, if any, shall stand closed. Registry to do the needful as per procedure.
CHIEF JUSTICE (ACTING)
Dipak
Digitally signed by
DIPAK DAS DIPAK DAS
Date: 2025.07.21
15:16:26 +05'30'