ORIENTAL INSURANCE COMPANY LIMITED Vs. SHIPRA DEBNATH

JUDGEMENT

(1.) This is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 along with its up to date amendments against the impugned judgment and award dtd. 18/4/2022 passed by Motor Accident Claims Tribunal, Court Page 2 of 6 No.4, West Tripura, Agartala rendering in Case No.T.S(MAC) 148 of 2019, accordingly.

(2.) Brief facts leading to this case is that on 25/3/2019 at about 09.30 hrs. Amar Debnath (deceased) was proceeding towards Ranirbazar from his house by riding his bicycle and while reaching near Mohanpur market in front of the shop of one Sadhan Debnath a truck bearing registration No.TR01-AC-1867 coming with high speed in rash and negligent manner dashed him from back side. As a result, he fell down on the road and thereby sustained grievous injuries on various parts of his body. Instantly he was taken to AGMC & GBP Hospital by some local people where the attending doctor declared him dead. It has been further contended that the accident occurred due to reckless and irresponsible driving of the offending truck by its driver. It is also pleaded that the deceased 39 years and being a mason used to earn Rs.16,000.00 per month.

(3.) The OP No.1 owner of the offending vehicle has contested the suit by filing written statement and apart from denying all the allegations he has also contended that he was the owner of the offending vehicle and at the time of accident the vehicle was driver with valid driving licence and the vehicle was insured with the OP No.2 the Oriental Insurance Co. Ltd. Therefore, OP No.1, urged for fixing the liability on his insurer to pay the compensation, if any.