PINKI MAJUMDER DAS Vs. SUCHITAL DEBBARMA

JUDGEMENT

(1.) This present appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 against the Judgment and Award dtd. 28/11/2022 passed by the learned Member, Motor Accident Claims Tribunal, Court No.1, Agartala, West Tripura in Case No.T.S.(MAC)69 of 2020 for enhancement of the awarded compensation.

(2.) The brief fact of this case is that on 30/12/2019 in the evening at about 8.30 p.m. the victim went to Amtali market on his motorcycle bearing registration no. TR-01-E-7780 and after keeping his motorcycle in stationery condition by the side of the road, he went to the Pharmacy namely "Adyasakti Medical Stores" to purchase medicines. After the purchase of medicines, he was coming back to his motorcycle and when he reached near his motorcycle, at that time, a Hyundai Car bearing registration no. TR-01-BH-0553 came from the side of Bishalgarh at high speed and dashed the victim Dibakar Das and he fell down on the road. Due to the said accident, the victim Dibakar Das sustained grievous injuries on his person. Immediately after the accident, the local people and shopkeepers rushed to the spot and the Police also arrived there forthwith and shifted the injured to the TMC Hospital, Hapania for treatment, wherein, after some time he was declared dead. Post mortem examination was done over the dead body and thereafter, the body was handed over to the near relatives for cremation.

(3.) Concerning the said accident a police case was registered with the Amtali Police Station vide Amtali P.S. Case No.235 of 2019 under Ss. 279/304A I.P.C. read with Ss. 184 and 187 of M.V. Act. The petitioners claimed compensation to the tune of Rs.51,00,000.00 for the death of the said victim.