JYOTI RANI DEBNATH Vs. BIMAL SUTRADHAR

JUDGEMENT

(1.) MAC Appeal No. 22 of 2021 has been filed under Sec. 173 of the Motor Vehicles Act, 1988 for enhancement of the awarded compensation of Rs.12,82,552.00 (Rupees Twelve Lakhs Eighty Two Thousand Five Hundred Fifty Two only) passed on 26/6/2020 by the learned Member Motor Accident Claims Tribunal No. 2, Gomati Judicial District Udaipur in T.S.(MAC) 48/2018, to the extent of Rs.16,20,000.00 or more and MAC Appl. No. 30 of 2020 has been filed under Sec. 173 of the Motor Vehicles Act, 1988 read with Sec. 168 of the Act ibid, against the impugned judgment and award dtd. 26/6/2020 passed by the learned Motor Accident Claims Tribunal Gomati Judicial District, Udaipur, in Case No. T.S. (MAC) 48 of 2018.

(2.) Both these two Motor Accident Claim Appeals have been heard together and disposed of since both the appeals arise out of common judgment.

(3.) The facts in brief common in both these appeals are that on 17/9/2013, at about 09.00 pm, the deceased Chitta Ranjan Debnath was returning from his shop at Udaipur Market riding his bicycle and when he reached Khilpara on Udaipur road to Kakraban under R.K. Pur P.S. Udaipur, Gomati District, Tripura near Gas Godown, vehicle No. TR-03-A-1917 (Tata Ace) knocked him down. As a result of which, he fell down on the roadside and received fatal injury to his head, lacerated blood clot on the left side of his scalp frontal bone fracture, and multiple injuries. The above-mentioned vehicle immediately fled away towards Kakraban. Thereafter, local people shifted him to TSD Hospital, Udaipur where he succumbed to his injuries. The Medical Officer of AGMC and GBP Hospital, Agartala after examination of the injured person, declared him brought dead.