NATIONAL INSURANCE CO. LTD. Vs. NANDALAL RUPINI

JUDGEMENT

(1.) The National Insurance Company Limited as an appellant has preferred this appeal under Sec. 173 of M.V. Act challenging the award dtd. 5/1/2023 passed in connection with Case No. T.S.(MAC) 81 of 2017 by Motor Accident Claims Tribunal (Tribunal No.2), Agartala, West Tripura District. The appellant by the memo of appeal has prayed for modification of the award.

(2.) The gist of the appeal in short, is that the respondent claimant-petitioners have filed one claim petition under Sec. 166 of M.V. Act claiming compensation of Rs.26,40,000.00 (Rupees Twenty-six lakh forty thousand only) with 14% interest for the death of their minor son, Bisesh Rupini who died due to a vehicular accident. The said accident occurred on 20/4/2017 at about 10:30 hrs at Champaknagar bazaar under Jirania PS due to rash driving of motor cycle bearing No. TR-01-J-6882. At the time of accident, said Bisesh Rupini was walking on foot with his grandmother at Champaknagar bazaar and after the accident the deceased was brought to Jirania Hospital with multiple grievous injuries on different parts of his body and thereafter he was referred to AGMC and GBP Hospital at Agartala and on 21/4/2017, he succumbed to injuries. On that issue, a case bearing Jirania P.S. case No.19/2017 under Sec. 279/338 of IPC and 184/187 of the M.V. Act was registered. Further, according to the respondent claimant-petitioners, deceased was 10 years old at the time of his death and was a student of Class-V.

(3.) The OP respondents No.3 and 4 being the owners of motorcycle bearing No.TR-01-J-6882 contested the claim by filing their joint written statement and denied all the allegations made in the claim petition and also contended that on the alleged day, the offending motorcycle was insured with the National Insurance Co. Ltd. i.e. the present appellant covering the period of alleged incident and submitted that if any liability arises that would be borne by the O.P. Insurance Company.