SURUCHI BHATTACHARJEE Vs. TRIPTI PAUL

JUDGEMENT

(1.) This appeal under Sec. 173(1) of the Motor Vehicles Act, 1988, is directed against the judgment and award dtd. 3/5/2019 passed by the learned Member, Motor Accident Claims Tribunal No.3, West Tripura Judicial District, Agartala in TS (MAC) No. 260 of 2012.

(2.) The case, in brief is that, on 6/2/2012 at about 7 'O' clock in the evening, the deceased who is the son of appellant No.1, husband of appellant No.2 and father of appellants No. 3 and 4 was walking along the Assam Agartala road at a place called Howaibari within the jurisdiction of Teliamura police station. At that time the offending Maruti Van bearing registration No.TR-03-C-0569 came in a rash and negligent manner and knocked him down from behind. As a result of the accident, the deceased sustained grievous injuries and he was hospitalized. He was admitted in A.G.M.C and G.B.P Hospital at Agartala where he was confined to bed for about three months from 6/2/2012 to 4/5/2012. During the period, he had undergone multiple surgeries. After his discharge from hospital, the District Disability Medical Board certified that he suffered from 85% permanent locomotor disability. He filed a claim petition at the Tribunal claiming compensation of a sum of Rs.10,00,000.00 under Sec. 166 M.V. Act. During the pendency of his claim petition, he succumbed to his injuries on 12/6/2014. As a result of the death of the claimant, his mother, wife and his minor daughter and son were impleaded as claimants.

(3.) After the accident, wife of the deceased lodged FIR with the Officer-in-Charge of Teliamura Police Station on 4/5/2012 which was registered as Teliamura P.S Case No.50 of 2021 under Ss. 279 and 338 IPC and the case was investigated by the police. Before the injured died, police submitted final report for want of evidence. Concluding part of the final report of the investigating officer is as under: