NATIONAL INSURANCE CO. LTD. Vs. SADHANA DEBNATH

JUDGEMENT

(1.) The present appeal has been filed under Sec. 173 of the M.V. Act against Award dtd. 14/9/2022 passed in T.S.(MAC)75 of 2019 by Member, Motor Accident Claims Tribunal, Court No.1, Agartala, West Tripura for modifying the impugned Award towards just and proper compensation and the instant cross-objection has been filed by the claimant-respondents No.1 to 5 against the appeal herein filed by the Insurer Appellant for modification and enhancement of the award dtd. 14/9/2022. Both the instant appeal and cross objection are heard together and taken up for final disposal by this common Judgment and Order.

(2.) The brief fact of this case is that on 12/3/2019 one Rabindra Kumar Debnath, since deceased, was coming to his house from Old Agartala on foot keeping left side of the road. At about 13.45 hrs., when he reached near Khayerpur Bazar Tri- junction, a motorbike bearing registration No.TR-01-AH-6460 being driven rashly and negligently suddenly dashed him. As a result, he fell on the road and sustained grievous injuries on his person. After the accident, he was shifted to AGMC & GBP Hospital, and got him admitted there. But during treatment, he succumbed to his injuries.

(3.) The owner-respondent of the motorbike by filing written statement categorically denied the accident and at the same time he stated that his motorbike was duly insured with the Noticee, National Insurance Company Ltd., during the period from 16/8/2018 to 15/8/2019 and as such, if any, compensation is awarded, that should be paid by the insurer of the motorbike.