ORIENTAL INSURANCE CO. LTD. Vs. POLI MAJUMDER

JUDGEMENT

(1.) This is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 read with Sec. 168 of the Act, against the impugned judgment and award dtd. 18/6/2019, passed by the Motor Accidents Claims Tribunal-02, Gomati Tripura, Udaipur, in Case No. TS(MAC) 112 of 2014.

(2.) The claim petition discloses the fact that on 1/4/2013 at about 6.30 hours the deceased Rupak Chandra Das along with one Dipayan Majumder was coming from Pitra towards Udaipur boarding the motorbike bearing No. TR-03D-8765 with a moderate speed and on the way reaching near Sitalabari Bar Tilla, Rajnagar, on call by Upa Pradhan, Rajnagar Panchayat, namely Indrajit Das, the motorbike was stopped and kept in stationery mode and the deceased got down from the motorbike and was talking with the aforesaid Indrajit Das by the side of the road and suddenly one Canter Truck bearing No. TR-03C-1785 came from Udaipur side with abnormal high speed in rash and negligent manner and dashed the deceased Rupak Chandra Das and as a result he sustained fatal injuries on his head and other vital parts of his body resulting to his death and soon after the accident he was taken to TSD Hospital and considering his condition he was referred to GBP Hospital after declaring him dead and postmortem examinations was done at GBP Hospital and thereafter the dead body was handed over to his relatives.

(3.) It was also stated that the deceased Rupak Chandra Das was a young energetic and healthy man of 40 years of age and he used to work as a Government Contractor and also had a shop of grocery items with Trade License and was also an agent of Rose Vally Chain Marketing System and used to carry fishery business and out of which he used to earn Rs.30,000.00 per month and was an Income Tax payee.