NATIONAL INSURANCE COMPANY LIMITED Vs. PRADIP SARKAR

JUDGEMENT

(1.) This present appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988, as amended till date, challenging the award dtd. 31/8/2021 passed by the learned Member, Motor Accident Claims Tribunal Court No.5, West Tripura, Agartala in Case No.T.S.(MAC) 114 of 2018 whereby the appellant-National Insurance Company Ltd. has been directed to pay an awarded amount of Rs.31,35,000.00(Rupees thirty-one lakhs five thousand) with 8% interest from 27/7/2018 till date.

(2.) The facts of the case in brief, which may be relevant for the present purpose and manifest on the record are that on 12/6/2017, one Umesh Sarkar (deceased herein) was proceeding towards Agartala from Paharmura, Khowai by riding his motorbike No. TR-01-X-9692 with moderate speed on the left side of the road. When he reached Mohanbari near TSR, Camp at about 3.30 pm, the offending Motor Bus bearing No TR-04-1244 came from Agartala side with heavy high speed on the wrong side of the road and dashed him. As a result, he sustained serious injuries. He was immediately shifted to AGMC and GBP hospital, Agartala but in spite of the best treatment, he died in the hospital. Thereafter, the claimant respondents herein as claimant-petitioners filed a suit bearing No.T.S.(MAC) 114 of 2018 before the learned Motor Accident Claims Tribunal under Sec. 166 of the Motor Vehicles Act, 1988 for compensation of Rs.58,70,000.00.

(3.) O.P. No. 1, Sri Bimal Shil, the owner of the offending Motor Bus contested the case of claimants by filing a written statement and pleaded that on the date of the accident i.e. on 12/6/2017, the offending Motor Bus was insured with the National Insurance Company Limited vide Policy No. 552700166360127572 covering the period from 1/1/2017 to 31/12/2017 and as a result, the liability, if any, is to be borne by the National Insurance Company Limited, Agartala Division, 42 Akhowa Road, Agartala-799001, West Tripura. He further pleaded that the claim case is bad for non-joinder and misjoinder of necessary parties. Thus, OP No. 1 prayed for the dismissal of the claim of the claimants.