THE HIGH COURT OF SIKKIM : GANGTOK

(Civil Appellate Jurisdiction)

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SINGLE BENCH: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE

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MAC Appeal No. 11 of 2025

The Branch Manager,

National Insurance Company Limited,

Division Office at National Highway-10,

Near Police Headquarters,

P.O. & P.S. Gangtok, Sikkim-737101.

(Insurer of vehicle bearing registration No.Sk-

01-PB-4075)

….. Appellant

Versus

1. Susmita Gurung,

Daughter of late Shyam Gurung,

Resident of 6

th Mile, Tadong,

P.O. Tadong, P.S. Gangtok,

Sikkim-737134.

2. Bhanu Bhakta Jogi,

Son of late Krishna Bdr. Jogi,

Resident of Lower Suntaley, Sadam,

P.O. Sadam, P.S. Melli,

District Namchi, Sikkim-737128.

(Insurer/owner of Hyundai i10 Asta car

bearing registration no.Sk-01-PB-4075).

…..Respondents

Appeal under Section 173 of the Motor Vehicles Act,

1988.

(Impugned judgment and award dated 30.10.2024 passed by the

learned Member, Motor Accident Claims Tribunal, Sikkim at

Gangtok in MACT Case No.17 of 2024 directing the appellant to

pay the respondent no.2 compensation to the tune of

Rs.1,47,31,000/- only with interest @ 9% per annum from the

date of filing of the claim petition i.e. 05.04.2024 until its full

realization.

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MAC Appeal No. 11 of 2025

The Branch Manager, National Insurance Company Ltd. vs. Susmita Gurung & Anr.

Appearance:

Mr. M. N. Dhungel, Advocate for the Appellant.

Mr. K. B. Chhetri, Legal Aid Counsel for the

Respondent no.1.

Ms. Sabina Gurung, Legal A id Counsel for the

Respondent No.2.

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Date of Hearing : 15.10.2025

Date of Judgment : 15.10.2025

J U D G M E N T

Bhaskar Raj Pradhan, J.

1. Heard the learned counsel for the Branch Manager,

National Insurance Company Limited (the appellant). The

only issue raised by the learned counsel is on the income

certificate issued by the Sub Divisional Magistrate,

Gangtok (SDM) (hereinafter the income certificate) (exhibit-

8) which was issued on 21.02.2024 certifying that late

Pabitra Rai who expired on 14.01.2024 used to earn a

monthly income of Rs.1,12,700/-. The income certificate

states that it was issued on the recommendation of the

Counsellor vide Memo No.774/DC/GTK dated 21.02.2024.

2. The SDM who issued the income certificate was

examined by the learned Tribunal on 08.10.2024. He stated

that on 21.02.2024 he had received an application from the

daughter of the deceased for issuance of income certificate

of her late mother Pabitra Rai. He also deposed that she

3

MAC Appeal No. 11 of 2025

The Branch Manager, National Insurance Company Ltd. vs. Susmita Gurung & Anr.

had submitted a recommendation of the Counsellor of

Ward No.18, Lower Tadong, 6

th Mile, Gangtok Municipal

Corporation along with the trade license of Manihari,

grocery and lottery shop along with an affidavit of

declaration of income. According to the deponent on the

basis of the above document s he issued the income

certificate, certifying that late Pabitra Rai was earning a

monthly income of Rs.1,12,700/-.

3. He further deposed that in the income certific ate

dated 21.02.2024 issued earlier there was an error on the

total amount of income from grocery and Manihari and the

figure of Rs.15000/- was written as 1500/- only. The

deponent stated that when the applicant brought the said

error before him he found that there was a typographical

error in the said income certificate and that on 19.09.2024

he had issued the income certificate.

4. The deponent was cross-examined by the appellant.

During his cross-examination, he denied the suggestion

that he was not the authorized person to issue the income

certificate. He also quite candidly admitted that he did not

personally verify the income of the deceased but issued the

income certificate based on the recommendation of the

concerned Counsellor. The deponent denied the suggestion

that the Counsellor’s report is incorrect. He volunteered to

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MAC Appeal No. 11 of 2025

The Branch Manager, National Insurance Company Ltd. vs. Susmita Gurung & Anr.

state that if there was any doubt or objections it can be

sent for re-verification. Although the deponent had

volunteered for re-verification, the record does not reveal

that the appellant had sought to re-verify the income

certificate.

5. The income certificate has been certified after due

verification by the SDM who is a public authority and it is

relevant.

6. In matters relating to Motor Accident Claims the

evidence of the SDM along with the income certificate

would be sufficient to determine the income as has been

correctly done by the learned Tribunal.

7. The impugned judgment is a reasoned judgment. It

has recorded the rival submissions of the learned counsel

for the parties. It has also examined the records exhibited,

analysed and rendered an opinion awarding a sum of

Rs.1,47,31,000/- to the claimant as compensation along

with interest at 9% per annum effective from the date of

filing of the application (i.e. 05.04.2024) until its full

realization.

8. The learned Tribunal has held that the First

Information Report (FIR) (exhibit-2) reveals that the

accident was reported at Nagrakata P.S. by S.I. Binod

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MAC Appeal No. 11 of 2025

The Branch Manager, National Insurance Company Ltd. vs. Susmita Gurung & Anr.

Subba on the same day. The contents of the FIR reflected

that the accident vehicle was driven by the respondent no.2

at a high speed due to which he lost control of the vehicle

which turned turtle. A case was registered under sections

279, 337, 338, 304A and 427 of the Indian Penal Code,

1860 against the respondent no.2. Charge-sheet (exhibit-

17) for over-speeding and driving in a rash and negligent

manner was filed. The learned Tribunal was satisfied that

the evidence led sufficiently proved rash and negligence on

the part of the driver. The learned Tribunal was also of the

view that the vehicle involved in the case was the accident

vehicle (SK-01-PB-4075); the death certificate (exhibit-6)

reflected that the deceased had died on 14.01.2024 and the

post-mortem report (exhibit-5) showed that the cause of

death was due to injury sustained in road traffic accident.

The learned Tribunal was also satisfied that the documents

of the accident vehicle including the driving license of the

driver were valid. The learned Tribunal concluded that the

deceased was 47 years old at the time of the accident and

was also satisfied with the income certificate, although the

monthly turnover from the business of the deceased had

not been filed. It was held that the income certificate issued

by the SDM akin to a Block Development Officer (BDO) is a

valid proof of income and can be safely relied upon. The

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MAC Appeal No. 11 of 2025

The Branch Manager, National Insurance Company Ltd. vs. Susmita Gurung & Anr.

learned Tribunal concluded that it had no reason to doubt

that the deceased could earn Rs.1,12,700/ - per month.

Accordingly, it calculated the loss of earning/dependency,

loss of estate, funeral expenses, cost of transportation and

non-pecuniary damages. As per the calculation of

compensation by the learned Tribunal the claimant was

entitled to a total of Rs.1,47,31,000/- which was awarded

along with interest at 9% per annum.

9. The learned counsel for the Ins urance Company

raises no other grounds. The learned counsel for the

claimant/respondent no.1 as well as respondent no.2 is

satisfied with the compensation awarded by the learned

Tribunal.

10. This Court is of the view that the sole ground

canvassed by the learned counsel for the appellant does not

permit this Court to overturn the verdict and compensation

granted by the learned Tribunal. It is accordingly upheld.

The appeal is dismissed.

( Bhaskar Raj Pradhan )

Judge

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