Facts
On April 24, 2021, the deceased, Tinamoy Debbarma, was riding a motorcycle when a truck (Reg. No. AS-11-BC-3071) struck him from behind in a rash and negligent manner
Source reference: p. 2The deceased succumbed to his injuries during treatment at AGMC and GBP Hospital, Agartala
Source reference: p. 2The Motor Accident Claims Tribunal (MACT), West Tripura, Agartala, subsequently awarded the claimant-respondents a compensation of ₹20,44,000/- with 8% interest per annum from the date of filing
Source reference: p. 3The appellant-insurer challenged the award, primarily arguing that the deceased lacked a valid driving license and motorcycle documents, and that the offending truck driver lacked a valid commercial license
Source reference: p. 3Issues
1. Whether the claimants are entitled to compensation despite the failure to produce or exhibit the deceased’s driving license and vehicular documents before the Tribunal
Source reference: p. 3, 42. Whether the Insurance Company can deny liability on the grounds that the driver of the offending vehicle possessed a license for a different category of vehicle (non-transport vs. transport)
Source reference: p. 5Law Applied
The court treated the Motor Vehicles Act as beneficial legislation intended to protect the legitimate rights of claimants
Source reference: p. 4-5Regarding licensing, the court relied on the settled principle established by a catena of Hon’ble Supreme Court decisions that the specific category of a license (e.g., transport vs. commercial) cannot be used as a ground by an insurer to deny compensation
Source reference: p. 5Reasoning
The court rejected the appellant's argument regarding the truck driver’s license category, holding that such a defense is not open to the Insurance Company under established legal precedents
Source reference: p. 5The court found a procedural lapse regarding the deceased's credentials. It noted that the driving license and vehicular documents of the deceased were neither seized nor exhibited in the lower court, a fact admitted by PW-1 during cross-examination
Source reference: p. 4The Tribunal had failed to provide any findings on this issue
Source reference: p. 4Given the beneficial nature of the Motor Vehicles Act, the court determined that rather than dismissing the claim, the matter required a remand to allow for the proper production and examination of these specific documents to ensure a just adjudication
Source reference: p. 5Holding
The High Court set aside the impugned judgment and award dated June 21, 2025
The matter was remanded to the Motor Accident Claims Tribunal for reconsideration and proper appreciation specifically regarding the deceased's driving license and vehicular papers
Source reference: p. 5The court directed that both parties be at liberty to adduce further oral and documentary evidence
Source reference: p. 5The appeal was disposed of with a direction to send down the Lower Court Records (LCRs) immediately
Source reference: p. 5Original Court PDF
The Divisional Manager The National Insurance Co. Ltd.vsSmt. Sumitra Debbarma and 5 Ors.
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