LAWS(TRIP)-2021-9-16

NATIONAL INSURANCE COMPANY LTD. Vs. RAJU GOPE

Decided On September 15, 2021
NATIONAL INSURANCE COMPANY LTD. Appellant
V/S
Raju Gope Respondents

JUDGEMENT

(1.) This appeal has been filed by the insurer of the offending vehicle under section 173(1) of the Motor Vehicles Act, 1988 challenging the award dated 07.09.2019 passed by the Motor Accident Claims Tribunal No.3, West Tripura, Agartala in T.S.(MAC) 238 of 2016 whereby and whereunder compensation of a sum of Rs.30,42,721/- along with 9% annual interest from the date of presentation of the claim till disbursement of the amount was awarded to the claimant respondent No.1 for sustaining disability from a road traffic accident which occurred on 15.09.2016 at Champaknagar in Teliamura Sub Division.

(2.) It would emerge from the Memo of Appeal submitted by the appellant that the appeal has been filed mainly on the following grounds:

(3.) Heard Ms. R. Purkayastha, learned advocate appearing for the appellant insurance company. Also heard Mr. S. Lodh, learned counsel appearing for the claimant respondent. Heard Mr. B.N. Majumder, learned senior advocate appearing along with Mr. R. Saha, advocate for the respondent owner of the offending vehicle. They have made detailed submissions on behalf of the parties which will be discussed later.