SHRI. JYOTISHLAL DEBBARMA, SHRI. ANURAG DEBBARMA AND SMTI. ARADHITA DEBBARMA Vs. SMTI. LATA RANI GHOSH AND THE NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) CRP 29 of 2006 was dismissed by a learned Single Judge of this Court on 13.07.2006 mainly on the ground that the insurance company was not entitled to challenge the quantum of compensation. The National Insurance Company Ltd. filed special leave petition in the Apex Court against this judgment and a number of other cases which were heard together and all the cases were allowed and the matters remanded to the High Court. The Apex Court held that in view of the judgment passed by the Apex Court in United Insurance Co. Ltd. Vrs. Shila Datta & Ors.: : 2011 (10) SCC 509, the insurance company was entitled to challenge the quantum of compensation. The learned counsel has placed on record the certified copy of the order of the Apex Court. It seems that this order has not been received in the Registry. Therefore, the civil revision petition is restored to its original number and heard and disposed of today along with appeal filed by the claimants.

(2.) THIS appeal for enhancement of compensation is directed against the award of the Motor Accident Claims Tribunal, West Tripura, Agartala dated 1st December, 2005 in T.S.(MAC) No. 193 of 2004 whereby the Tribunal has awarded a sum of Rs. 26,07,640/ - in favour of the claimants.

(3.) THE undisputed facts are that the deceased was the Principal of the Government College at Sonamura. Her salary at the time of her death was Rs. 21,672/ -. Since the deceased belonged to the schedule tribe she was not liable to pay any income tax. It is not disputed before me that the husband of the petitioner is also gainfully employed and a high ranking officer in the State of Tripura. There were two minor children aged 12 years and 8 years. The salary certificate of the deceased is on record and though her total salary was Rs. 21,672/ -, she was getting Rs. 6552/ - deducted. Out of these deductions Rs. 4,000/ - was contribution towards GPF, Rs. 90/ - towards her group insurance, Rs. 226/ - for her professional tax, 10% was DA which was added towards Provident Fund since it was not paid by the Government, Rs. 300/ - was deducted as house rent and Rs. 500/ - as festival recovery, which I am informed at the Bar is returned of a loan taken for some festive activities.