RAKESH DEBNATH Vs. RATAN CHANDRA DAS

JUDGEMENT

(1.) This appeal is filed by the original claimant challenging the award dtd. 7/4/2021 passed by Motor Accident Claims Tribunal No.2, West Tripura, Agartala in TS (MAC) 47 of 2017.

(2.) The factual background of the case is as under:

(3.) The owner-cum-driver of the offending vehicle (respondent No.1) appeared and filed written reply to contest the case. In his written reply he admitted the accident. He, however, denied his negligence and claimed that there was fault in the road on which they were travelling. According to the said respondent, on a particular place of the road few bricks had come off which escaped his notice, as a result he fell with his motor bike at the place and the claimant appellant who was a pillion rider on his motor bike also slipped from the vehicle and received injuries. The respondent claimed that his vehicle was insured for 3rd party risk and the insurance company was liable to pay compensation.