Allowed

National Ins.Co.Ltd v. Sukhta Mohan Tripura and Anr.

Tripura HC25 Jul 2017MAC App./4/2017

Case brief

AI extract

What is this about?

The court disposed of an insurance appeal by following its decision in National Insurance Company Ltd. vs. Subi Chandra Tripura. It held that since the original accident involved a truck, not a bus, the appellant-insurer was not liable, and the Tribunal's award was set aside.

What did the court decide?

The impugned judgment dated 06.10.2015 passed by the Motor Accident Claims Tribunal was set aside and the appeal was disposed of.

National Ins.Co.Ltd Vs Sukhta Mohan Tripura and Anr. — Insurance | Tripura HC (2017)

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MAC APP No.04/2017

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B E F O R E

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THE HON’BLE THE CHIEF JUSTICE

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Present :

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For the appellant : Mr. S. Lodh, Advocate.

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For the respondents : None.

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25.07.2017.

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Heard Mr. S. Lodh, the learned counsel for the appellant-insurer.

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No representation from the respondents despite proper service of notice upon them.

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It is stated by the learned counsel for the insurer that this case is squarely covered by the decision of this Court reported in National Insurance Company Ltd. vs. Subi Chandra Tripura and anr., (2016) 2 TLR 724 and can be disposed of in terms thereof.

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It may be noticed at once that this appeal arose out of the same accident, which was the subject matter of the claim petition in Subi Chandra Tripura and anr. (supra) .

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The observations of this Court in that case are as

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follows:-

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“12. This witness was cross-examined but in the cross-examination nothing has come out. From the aforesaid facts, it is more than apparent that the vehicle involved in the accident was truck No.TR-03-C1842. This truck was being used to ferry the supporters of the CPI(M) party to attend the rally being addressed by Sri Jitendra Choudhury, the then Forest Minister. Unfortunately, the truck turned over and three persons died; one of them being the owner of the truck Sadhan Tripura. The FIR also reflected that the vehicle involved in the accident was a truck but it appears that after 3/4 days the legal heirs of Sadhan Tripura and the other claimants realized that if they pursue the truth that the accident had occurred with the truck, they would not get compensation from the

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MAC APP No.04/2017

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Insurance Company and the burden would fall on the legal heirs of Sadhan Tripura who would not be able to pay this amount. It is more than obvious that to avoid this, a false case was set up that the vehicle involved in the accident was a bus.

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What is most unfortunate is that the police officials willingly became a part and parcel of this conspiracy. Sri Dhruba Jyoti Debbarma in his statement recorded in the High Court has stated that he reached the spot immediately after the accident and saw the vehicle which was a truck. When the statement of Sri Dhruba Jyoti Debbarma was recorded, he had started trembling and he apologized and stated that he had helped making this change under pressure. This Court would have taken very serious action against Sri Dhruba Jyoti Debbarma but I feel that he can be let off with a warning to be careful in future but the copy of this judgment shall be placed on his service record. I am letting off this young officer only for the reason that finally he has told the truth in Court and also for the reason that it appears that he was pressurized by people much higher up, both in the police and other people in power and was compelled to act in an illegal manner.

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This trouble has occurred because the FIR was not lodged immediately. As soon as the police officials had reached the spot, they should have noted down all the facts and lodged the FIR. It appears that under political and other pressure, the police officers were not permitted to do their duty. If the rule of law is to be maintained in our country, then police officers must be permitted to do their duty. The uniform must be respected. At the same time, police officers should not willingly join with claimants and others to falsify the facts of the case only with a view to fasten the liability on Insurance Companies. Most of the Insurance Companies in India are Public Sector Insurance Companies and they are trustees of public

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MAC APP No.04/2017

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Page 2 of 3

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money. The manner in which the liability has been shifted on the Insurance Company shows total dishonesty by police and other officials. At the same time, I must commend the Fire Service Officials who did not change their record.

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In view of the above discussion, I am clearly of the view that the accident occurred with truck No.TR03-C-1842 and not with bus No.TR-03-1284. Therefore, the appeal is allowed and the impugned award of the learned Tribunal is set aside.”

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The vehicle involved in the accident was Truck No.TR03-C-1842, and not Bus No.TR-03-1284. Consequently, the appellant-insurer is not liable to pay any compensation to the claimant-respondents.

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The impugned judgment dated 06.10.2015 passed by the learned Member, Motor Accident Claims Tribunal, Gomati District, Udaipur in T.S. (MAC) No.66 of 2013 cannot be sustained in law and is, accordingly, set aside.

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The appeal stands disposed of.

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CHIEF JUSTICE

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MAC APP No.04/2017

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National Ins.Co.Ltd v. Sukhta Mohan Tripura and Anr.

Case brief

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National Ins.Co.Ltd v. Sukhta Mohan Tripura and Anr.

Case brief

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