SABITRI DEBNATH Vs. PUTUL SHIL

JUDGEMENT

(1.) Heard Mr. Suman Bhattacharjee, Learned counsel appearing for the present appellants as well as Mr. T.K. Deb, Learned counsel appearing for the respondents No.1 to 4, Mr. S.D. Choudhury, Learned counsel appearing for the respondent No.5, Mr. S.B. Debnath, Learned counsel appearing for the respondent No.6 and Mr. G.S. Das, Learned counsel appearing for the respondent No.7.

(2.) In course of hearing, Mr. Suman Bhattacharjee, Learned counsel appearing for the appellants submitted that the present appellants have challenged the award dtd. 16/3/2018 passed by Learned Motor Accident Claims Tribunal No.2, West Tripura, Agartala in connection with Case No.T.S.(MAC)No.129 of 2010. By the said judgment/award, Learned Tribunal allowed the claim petition filed by the respondent-claimants imposing liability upon the owner of the offending vehicle Mini bus bearing registration No.TR01-A-1445 namely Sri Anil Chandra Debnath and also against Sri Sajal Deb, owner of the TATA Truck bearing registration No.TR-01-K-1747. But during pendency of the case before the tribunal, the predecessors of the appellants expired on 25/5/2015 but the claimant-respondents did not take any step for substitution of the legal heirs of OP No.1 and on that relevant point of time, the OP owner, Sri Anil Debnath had valid Insurance certificate of the offending vehicle. So, Learned counsel for the appellants submitted before the Court to allow the present appellants to adduce additional evidence remanding back the case to the Learned tribunal below.

(3.) Mr. T.K. Deb, Learned counsel appearing for the respondents No.1 to 4 has fairly submitted before the Court that those respondents have no objection if the appellants be allowed to adduce additional evidence.