SUBHRA SAHA Vs. DIPTI ROY

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the award dated 16 -11 -2005 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in case No. T.S. (MAC) 511 of 2002 whereby he awarded a sum of Rs. 65,000/ - along with interest in favour of the claimant.

(2.) DURING the course of the trial, the owner did not appear nor produced the insurance policy nor any driving license of the driver of the vehicle. Now, in appeal the owner has filed one miscellaneous application wherein the policy of insurance as well as a copy of the driving license has been filed. Along with this application, one award passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala has also been filed in which award of Rs. 4,17,577/ - was passed in favour of Sri Jayanta Kumar Saha, husband of the present appellant and it is not disputed that this award has not been challenged by the Insurance Company. Therefore, the fact that the Insurance Company is liable cannot be disputed. Hence, the only question is what is the amount of compensation to which the claimant is entitled to.

(3.) THE learned Tribunal has awarded total amount of Rs. 65,000/ - in all. Now, I proceed to assess the compensation under different heads.