United India Insurance Co Ltd vs Smt Salo Karmakar And 7 Ors

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GAHC010115082015

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./80/2015
UNITED INDIA INSURANCE CO LTD
HAVING ITS REGISTERED OFFICE AT WHITES ROAD, CHENNAI AND ONE
OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE,
G.S. ROAD, BHANGAGARH, GUWAHATI-5, ASSAM.
VERSUS
SMT SALO KARMAKAR and 7 ORS
W/O LATE LAKHIRAM KARMAKAR
2:SUJIT KARMAKAR
S/O LATE LAKHIRAM KARMAKAR
3:SANJOY KARMAKAR
S/O LATE LAKHIRAM KARMAKAR
4:AJOY KARMAKAR
S/O LATE LAKHIRAM KARMAKAR
5:BIJOY KARMAKAR
S/O LATE LAKHIRAM KARMAKAR
ALL 1 -5 PERMANENT R/O VILL. HEZEL BANK TEA ESTATE
KADAMANI
P.S. LAHOWAL
DIST. DIBRUGARH ASSAM
PRESENTLY RESIDING AT BANGAON
BELTOLA
GUWAHATI 781028

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ASSAM.
7:DIGANTA MURAH
S/O LATE SUKRA MURAH
R/O VILL. KADAMANI
P.S. LAHOWAL
DIST. DIBRUGARH
ASSAM.
8:JAMUNA PD. SAHU
S/O M. SAHU
R/O VILL. LOHARPATTY
PANCH ALI
P.S. DIBRUGARH
DIST. DIBRUGARH
ASSAM
:::BEFORE:::
HON’BLE MR. JUSTICE RAJESH MAZUMDAR
Advocates:
For the petitioner : Mr. R.K. Bhatra, Advocate

For the respondents: Mr. S.K. Talukdar, Advocate

Date on which judgment is reserved: N/A

Date of pronouncement of judgment: 03.09.2026

Whether the pronouncement is of the
Operative part of the judgment :

Whether the full judgment has been
Pronounced : Yes

Judgment & order(ORAL)
Heard Mr. R.K. Bhatra, learned counsel for the appellant. Also heard Mr.
S.K. Talukdar, learned counsel appearing for the claimant/respondents No.1 to

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5.
2 . The claimants are respondent Nos. 1 to 5. Respondent No. 6 had been
struck out by order dated 01.05.2024 Respondent Nos. 7 and 8 did not enter
appearance in this matter.
3 . This appeal has been preferred assailing the judgment and award passed
by the learned Additional District Judge No. 4, FTC, Kamrup (Metro), Guwahati,
in MAC Case Nos. 386/2005 and MAC Case No.1533/2005, whereby, by
judgment dated 29.11.2014, the following award was passed. The relevant
portion of the award is quoted herein below:-
AWARD
“
In the result the claim petition is allowed. Claimant No. 1, 2, 3, 4 and 5 are awarded a
total compensation of Rs. 8,90,200/- (Rupees Eight lakh ninety thousand two hundred) only
for the death of their husband/father Lakhiram Karmakar in a motor vehicle accident. O. P.
No. 5. United India Insurance Co. Ltd. is directed to pay the awarded amount to all the
Claimants within the period of 90 days from today i.e. 29th day of November, 2014. As the
claimant No. 2, 3, 4 and 5 are minor, hence out of the awarded an amount of Rs. 1,00,000/-
each (Rs. 1,00,000/- + Rs. 1,00,000/- + Rs. 1,00,000/- and + Rs. 1,00,000/- Rs. 4,00,000/-)
will be kept in fixed deposit in a nationalized bank of their home town/district till majority and
the rest amount of Rs. 4,90,200/- be awarded to the claimant No. 1 i.e. wife of the deceased.
The amount of compensation will carry an interest @ 6% per annum from the date of filing
of the petition till its realization. The amount, if any paid 'no fault liability', shall be adjusted
from the amount of compensation.
Send a copy of the judgment to the O/P No. 5 i.e. United India Insurance Co. Ltd. for
information and necessary action.
Given under my hand and seal of this court on this 29th day of November, 2014 at
Guwahati.
Addl. Dist. Judge NO.IV, FTC
Kamrup (Metro), Guwahati”

4. Mr. R.K. Bhatra, learned counsel appearing for the appellant, has submitted
that the claim arose out of a road traffic accident which occurred at about 8:30
a.m. on 09.05.2005 at Dibrugarh, in which the husband of claimant No. 1
expired. It has been submitted that the husband of claimant No. 1 was

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travelling as a pillion rider on a motorcycle bearing registration No. AS-06-D-
8652 when the motorcycle met with an accident with a truck bearing
registration No. ASW-0826.

5. A Dibrugarh P.S. Case No. 265/2005 under Sections 279/338/304-A IPC was
registered against the driver of the truck involved in the accident. The truck was
not covered by any valid insurance policy at the relevant time, whereas, the
motorcycle on which the husband of claimant No. 1 was travelling was duly
insured with the appellant company.
6 . During the trial, the learned Tribunal came to a finding that the claimant,
having examined herself and one other witness, had been able to establish that
the accident had occurred due to rash and negligent driving by the driver of the
offending motorcycle on which the husband of claimant No. 1 was travelling.
7 . Considering the age of the deceased to be about 45 years and his income
as a businessman to be Rs.6,000/- per month, the learned Tribunal awarded a
total compensation of Rs.8,90,200/- in favour of the claimants.
8 . While granting the award, interest on the compensation was awarded at
the rate of 6% per annum from the date of filing of the claim petition till
realization. Any amount paid under the no-fault liability was directed to be
adjusted from the amount of compensation.
9 . Mr. Bhatra, learned counsel appearing for the appellant company, has
submitted that there are contradictions in the evidence of PW-1 and PW-2. He
has further submitted that there is no proper reasoning or finding for fastening
the liability to pay the compensation upon the appellant company.
10 . The learned counsel has further submitted that the grant of interest from
the date of filing of the claim petition is also erroneous. He submits that

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although the claim petition was filed in the year 2005, the evidence was filed
nearly nine years thereafter. According to him, the claimants would not be
entitled to interest from the date of filing of the claim petition and the interest,
if any, ought to be calculated from the date of filing of the evidence by the
claimants.
11 . Mr. S.K. Talukdar, learned counsel appearing for the claimants, has
submitted that there is no infirmity in the order fastening the liability to pay the
compensation upon the appellant company. He submits that the evidence
adduced by PW-1 and PW-2, who is an eyewitness, is to the effect that the
driver of the motorcycle was driving the same in a rash and negligent manner
and had lost control while trying to overtake the truck involved in the accident.
12 . He has further submitted that, in any event, since one of the vehicles
involved in the accident was insured, the liability to pay the compensation has
rightly been imposed upon the Insurance Company. He submits that the
Insurance Company would have the right to recover any amount paid by it, if
found not attributable to the insurance policy, from the driver and/or owner of
the offending vehicle.
13 . He has further submitted that it is a matter of record that there was some
delay in filing the evidence by the claimants and that it would be equitable and
just if interest on the compensation is levied from the date of filing of the
evidence and not from the date of filing of the claim petition.
14 . Mr. Talukdar, learned counsel has also submitted that the filing of charge-
sheet against the driver of the offending truck would not ipso-facto lead to a
conclusion that the motorcycle involved in the accident was not driven in a rash
and negligent manner.

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15 . I have heard the learned counsel for the parties and considered the
submissions made by them.
16 . In an effort to bring quietus to the claim for compensation, particularly
when the compensation was awarded in the year 2014 in respect of a road
traffic accident which occurred in the year 2005, and with the consent of the
learned counsel appearing for the parties, this MAC appeal is disposed of in the
following terms:-
(i) The direction for accrual of interest on the awarded amount of
compensation at the rate of 6% per annum from the date of filing of the claim
petition is set aside and substituted by a direction that the amount of
compensation awarded shall carry interest at the rate of 6% per annum from
the date of filing of evidence by the claimant before the learned Tribunal.
(ii) The appellant company shall also be at liberty to exercise its right to
recover the amount paid by it from the driver and/or owner of the offending
vehicle, if so entitled in law.
(iii) It is noticed that, while filing the appeal, the appellant-Company had
deposited a total amount of Rs.25,000/- along with 50% of the awarded
amount before the Registry of this Court. The aforesaid amount shall be
released to the claimant or his authorised representative upon proper
identification being made by Mr. S.K. Talukdar, learned counsel appearing for the
claimant. It is further provided that the remaining amount, to be calculated in
accordance with the directions passed today, shall be paid by the Insurance
Company to the claimant within 6 (six) weeks from today, in which case, the
awarded amount shall not carry any further interest.
(iv) The appellant shall be at liberty either to deposit the amount of

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compensation so calculated before the learned Tribunal, with an intimation
thereof being forwarded to the claimant, or to make payment directly to the
claimant, if so convenient. The modality of payment shall be worked out
between the claimant and the appellant-Company herein. For such purpose, the
claimant may approach the appellant-Company within 2 (two) weeks from the
date of passing of this order.
17 . The MAC appeal is accordingly disposed of.

JUDGE
Comparing Assistant