SWAPAN DAS, S/O BRAJALAL DAS Vs. REKHA DEB (DAS), W/O LATE CHANDAN KUMAR DAS; PRANAB DEBNATH, S/O HARIPADA DEBNATH; NATIONAL INSURANCE COMPANY LIMITED; NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal for enhancement of compensation is filed by the claimant and is directed against the award of the learned Motor Accident Claims Tribunal, West Tripura, Agartala, in case No. T.S. (MAC) 559 of 2001 decided on 31.07.2006, whereby the learned Tribunal awarded a sum of Rs. 66,000/- only along with interest in favour of the claimant under the following head:-

(2.) In this case the petitioner did not lead any evidence and the matter was decided on the basis of the documents placed on record by the petitioner. A Division Bench of this court in MAC APP.10 of 2007 (Sri Sankar Chandra Das vs. Sujit Saha & anr.) has clearly held that in case the party does not lead evidence than the Tribunal is bound to decide the matter on the basis of material on record. I have also seen the record of the learned trial Court.

(3.) The claim petition was filed in the year 2001. Numerous adjournments were sought by the claimant and issues were framed only in the year 2005. Thereafter, at least five opportunities were given to the claimant to lead evidence but he did not file any affidavit or appear in the witness box. Therefore, the learned Tribunal was justified in deciding the appeal on the basis of the material on record.