NATIONAL INSURANCE COMPANY LIMITED Vs. TAPAN DEBNATH

JUDGEMENT

(1.) Heard Mr. A.K. Deb, Learned counsel appearing for the Insurer-appellant as well as Mr. S.M. Chakraborty, Learned senior counsel assisted by Mr. R.R. Datta, Learned counsel and Ms. A. Begam, Learned counsel appearing for the claimant-respondent.

(2.) This is an appeal under Sec. 173 of the Motor Vehicles Act is preferred challenging the award dtd. 30/1/2023 delivered by Motor Accident Claims Tribunal, Court No.4, Agartala, West Tripura in connection with Case No.T.S.(MAC)292 of 2015.

(3.) The subject matter of the dispute in short is that the claimant-respondent (Tapan Debnath) filed one claim petition under Sec. 166 of the M.V. Act claiming compensation of Rs.52,25,000.00 for sustaining injury by a road traffic accident on 4/5/2014. According to the claimant, on the alleged day, the claimant-respondent was proceeding towards Bishalgarh by riding the Motor Cycle bearing registration No.TR-01-M-5870 along with his wife and minor son and while they reached near Bangeswar Bridge on Khayerpur-Amtali By-pass road then a TATA NANO vehicle bearing registration No.TR-01-AG-0660 came from the opposite direction with high speed rashly and negligently dashed against the Motor Bike and as a result of which, the claimant- respondent and his wife and minor son fell down on the road and received multiple grievous injuries. Immediately, they were taken to Dr. BRAM Hospital, Hapania where the victim Tapan Debnath was admitted from 4/5/2014 to 21/5/2014. As the victim was not fully cured, so, the victim had to undergo chambers of several private Doctors for better treatment. According to the claimant-respondent, even after filing the claim petition the victim got treatment in GBP Hospital on 19/3/2018, 21/3/2018 and 26/3/2018 and he was referred to Chennai for better treatment. Further, according to the claimant-respondent on the issue of accident a police case was registered vide Amtali P.S. Case No.97 of 2014 under Sec. 279/338 of IPC and according to him, his monthly income was Rs.15,000.00 from the business of garments. The claimant- respondent further took the plea that due to accident, he became disabled and was suffering from severe mental agony and pain with sufferings. Hence, he filed the claim-petition.