NATIONAL INSURANCE COMPANY LTD. Vs. RINA DEBNATH

JUDGEMENT

(1.) By means of filing this appeal under Section 173(1) of the Motor Vehicles Act, the insurance company has challenged the award dated 23.03.2017 delivered by the Motor Accidents Claims Tribunal, No.1, West Tripura judicial District, Agartala in Title Suit (MAC) 341 of 2012 whereby and where under the Tribunal assessed and awarded a total sum of Rs.18,98,000/- along with 9% interest there on to the claimant petitioners [Respondents 1-3 herein] as compensation on account of the death of Tapan Debnath in a road traffic accident at Amtali in West Tripura on 22.02.2012.

(2.) The facts relevant for disposal of the appeal are that 34 years old Tapan Deabnath, an electrician, was returning home from Agartala on his motor bike bearing registration No.TR-01-D-9553. On his way, the offending vehicle bearing registration No. TR-01-G-0744 hit his motor bike form the opposite direction. Said Tapan Debnath received multiple injuries from the accident and he was taken to nearby TMC and Dr.BRAM Teaching hospital at Hapania where he was declared dead. Post-mortem was done at AGMC and GBP Hospital on the following day and it was opined by the autopsy surgeon in his postmortem report [Exbt.1 series] that the findings were consistent with a road traffic accident. His elder brother Subhas Ch. Debnath lodged a written FIR with the officer-in-charge of Amtali Police Station on the same day alleging that a speeding vehicle hit his brother on the road while he was returning home from Agartala on his motor bike at about 9 O'clock in the night and the accident occurred due to rash and negligent driving of the offending vehicle and while he was taken to hospital he was declared dead. The informant stated in his FIR that the vehicle could not be identified due to insufficient light on the street.

(3.) Based on his FIR Amtali P.S Case No.29 of 2012 under Sections 279 and 304A IPC was registered and the case was taken up for investigation. Having carried out the whole investigation of the case, the investigating officer submitted final report No.13 of 2012 in the case stating that the materials collected during the investigation established that Tapan Debnath died in a road traffic accident. But the identity of the vehicle and its driver could not be established during investigation.