AGARTALA, India, March 26 -- Tripura High Court issued the following order/judgement on Feb. 23:
[1] Heard.
[2] This is an application filed under Section-173 of the M.V. Act against the impugned award dated 13.08.2025 passed in T.S. (MAC) 76 of 2019 by the learned Motor Accident Claims Tribunal, Court No.4, West Tripura, Agartala, by the insurance company, the appellant herein, to exonerate them from the liability of award.
[3] The present appeal has been preferred against the judgment and award dated 13.08.2025 by which, the learned Court below has awarded Rs.16,27,000/- with 8% interest per annum shifting the liability of the award upon the appellant insurance company without identification of the Bolero Truck bearing registration No. TR-03-F-1608 and hence, this appeal is filed to exonerate the liability of award upon the insurance company by setting aside the award as the vehicle against which the claim petition was filed is not identified out during police investigation.
[4] The learned Court below after hearing the parties and on perusal of the material evidence on record has observed as under:
"27. In the result, present application under section 166 of the M.V. Act,1988 filed by the claimants is allowed on contest with an award of Rs. 16,27,000/- (Rupees Sixteen Lakh Twenty-Seven Thousand) only with 8 % simple interest from the date of filing of the claim petition i.e., from 02.04.2019.
28. The noticee New India Assurance Co. Ltd. is hereby directed to pay the compensation amount as determined herein above. Payment shall be made directly to the individual bank accounts of the claimants within a period of 30 (thirty) days from the date of this award in terms of Section 168(3) of the Act in the manner directed hereinafter.
29. The noticee insurer shall give notice of the payment of the compensation amount to the claimants and shall also file a compliance report with this Tribunal within 15 days of the deposit.
APPORTIONMENT OF COMPENSATION
30. The claimant No. 1 Sahid Miah @ Sahid Miah Aziz being the father of the deceased shall get 40% of the total compensation amount.
31. The claimant No.2 Haruja Khatun being mother of the deceased shall get 60% of the total compensation amount.
PROTECTION OF AWARD MONEY & MANNER OF DISBURSEMENT
32. An amount to the tune of 50% of the share of each of the claimants shall be paid directly to their individual bank accounts and they are directed to furnish their bank details with the noticee insurer immediately.
33. Rest 50% from their share shall be invested by purchasing fixed deposit for a period of 5 years with auto renewal facility from any nationalized bank, preferably, the UCO Bank, District Court Branch, Agartala. However, no prematured loan or withdrawal in any form shall be allowed without order of this Tribunal."
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xywvSnVeogQ1rzjkXO5%2F6qPNndyCiNPdaG7TLcq1sYFE&caseno=MAC%20App./132/2025&cCode=1&cino=TRHC010021222025&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
