NATIONAL INSURANCE COMPANY LTD Vs. MILAN BALA PAUL

JUDGEMENT

(1.) THIS appeal by the insurance company is directed against the award, dated 31st January, 2007 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in Case No.TS(MAC)193 of 2006, whereby the learned Tribunal awardedcompensation of Rs.6,42,000/ -in favour of the claimant.

(2.) BRIEFLY stated the facts of the case are that the claimant is the mother of deceased Bibhas Paul. On 26.06.2005 the deceased was travelling in auto rikshaw bearing Registration No.TR -01 -3425 which had a collision with a Jeep bearing Registration No.TR -01 - 2959. This Jeep was insured with the appellant insurance company. The claimant filed the claim petition claiming compensation of more than Rs.17,00,000/ - against both the auto rikshaw driver and the owner of the jeep.

(3.) THE learned counsel for the insurance company did not lead any evidence and made a statement before the learned Tribunal that they did not want to lead any evidence. The claimant has discharged her burden and now if the insurance company wanted to contest the claim, on any grounds, either with regard to the income or with regard to the negligence, it should have led evidence. It chooses not to lead evidence and stated before the Tribunal that they do not want to lead any oral evidence. No documentary evidence was also filed. Therefore, this Court has no other option but to accept the statement of the claimant.