TILAK CHANDRA BHATTACHARJEE, SON OF LATE RAMANI MOHAN BHATTACHARJEE Vs. ABDUL HASHEM (MADRASHA SECRETARY), SON OF LATE KALA GAZI; SUNA MIAH, SON OF LATE WAZUDDIN; FAZLUR RAHAMAN (EDUCATION CLERK), SON OF LATE MAZID; AHID MIAH, SON OF MD NURUL HAQUE; KHUSHID MIAH, SON OF LATE MALU MIAH; SIDDIK MIAH, SON OF LATE KHALEK MIAH; HA

JUDGEMENT

(1.) This appeal by the insurance company is directed against the award dated 17.08.2007 passed by the learned Motor Accident Claims Tribunal in case no. T.S. (MAC) 639 of 2005 whereby the claimant was awarded compensation of Rs. 1,59,600/- and the insurance company was held liable to pay the award.

(2.) Briefly stated, the facts of the case are that the claimant Babul Miah filed a petition claiming that he had suffered injuries when he was travelling in offending vehicle no. TR-01-K-0413 which in the claim petition was mentioned to be an auto rickshaw. In the claim petition it was not mentioned as to in which capacity the claimant was travelling in the vehicle. The owner of the vehicle filed a written statement. It was denied that any accident had taken place. It was also denied that the claimant had suffered any injuries in the accident, but it was stated that the vehicle TR-01-K-0413 (auto rickshaw) was duly insured with the National Insurance Company Limited, Agartala.

(3.) The insurance company filed a detailed reply contesting the petition on many grounds and in para 17 of the written statement it took the following objection,