PINTU MAJUMDER, SOUTH TRIPURA Vs. RAKHI BAGCHI

JUDGEMENT

(1.) THIS appeal by the owner of auto rickshaw, TR -03 -2655 is directed against the award of the learned Motor Accident Claims Tribunal, South Tripura, Udaipur dated 10.08.2006 in Case No. T.S (MAC) 47 of 2005 whereby he awarded a sum of Rs.4,87,000/ - in favour of the claimant and held the appellant being the owner of the auto rickshaw and the National Insurance Company Ltd. with whom the truck, WGY -4774 was insured liable to pay the compensation in equal share.

(2.) THE main point raised in the appeal is that the learned Tribunal has gravely erred in fixing any liability on the driver of the auto rickshaw.

(3.) THE case set up was that the accident occurred due to the negligence of the driver of the said truck. The stand of the driver of the truck was that the truck was being going towards Dhajanagar from Udaipur and when the truck reached a U -turning just before crossing the Gakulpur Bazar at that time the auto came from the opposite side and the same was being driven in the rash and negligent manner and dashed against the truck.