MAHA MAYA DEBBARMA Vs. HIMU CHANDRA DEY

JUDGEMENT

(1.) This appeal is filed by the original claimants to challenge an award dated 14.11.2018 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) No.268 of 2016.

(2.) Brief facts are as under:

(3.) Appearing for the appellants learned counsel Mr. Faruk Miah submitted that the Tribunal erred in placing reliance on the contents of the F.I.R. and police investigation and in the process discarded reliable evidence of eyewitness. He submitted that in motor accident cases the Courts do not insist on strict proof of negligence. He relied on a decision of learned Single Judge of this Court in case of Kalpana Majumder and ors. v. Sankar Debnath and anr. reported in (2017) 2 TLR 74 in which it was observed that in absence of examining the relevant witnesses, police report cannot be relied upon to discard the eyewitness accounts. Counsel also relied on a decision of Supreme Court in case of Parmeshwari v. Amir Chand and ors. reported in AIR 2011 SC 1504 in which it was observed as under: