NAMITA SARKAR Vs. SHANTALAL DEBBARMA

JUDGEMENT

(1.) This appeal and cross-objections arise out of the award of the Motor Accident Claims Tribunal, West Tripura, Agartala, dated 6th February, 2019. Appeal is filed by the original claimants. They seek enhancement of the compensation awarded by the Claims Tribunal. Cross-objections are filed by the insurance company. Insurance company wishes that it should be absolved of the liability to satisfy the award.

(2.) These proceedings arise in following background : On 28th February, 2016 one Rakhal Sarkar aged about 54 years, a Government servant, was proceeding on foot at about 6.00 p.m. on Salbagan - Chanmari Road situated within New Capital Complex Police Station, Agartala. Near Chanmari Class - XII School he was knocked down by a speeding motorcycle. According to claimants as well as insurance company, the said motorcycle at the time of accident was driven by one Tushar Debbarma, a young boy aged about 16 years and who obviously did not have a valid driving licence to ride the said motorcycle. The deceased left behind his widow and two children, a son and a daughter as his dependants. They filed a claim petition before the Claims Tribunal seeking compensation of Rs.48,75,000/- from the owner and insurer of the motorcycle involved in the accident. Incidentally, one Shantalal Debbarma father of Tushar Debbarma was the registered owner of the vehicle. The vehicle was insured with ICICI Lombard General Insurance Company.

(3.) Before the Claims Tribunal, opponent No.1, owner of the vehicle filed a written statement taking the stand of total denial claiming that his motorcycle was never involved in the accident. The insurance company filed a written statement claiming that Tushar Debbarma the rider of the motorcycle did not have a valid licence and that therefore, there was a clear breach of the terms of the policy of insurance. The insurance company, therefore, should be absolved of its liability.