ANIMA SARKAR Vs. BISWA LAXMI DEBBARMA AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the award dated 12 -10 -2010 passed by the learned Motor Accident Claims Tribunal, Court No. 3, West Tripura, Agartala in case No. T.S. (MAC) 92 of 2008 whereby the claim petition filed by the claimant was dismissed.

(2.) THE case set up by the claimant was that on 13 -08 -2007 she was travelling on motorcycle bearing No. TR -01/C -7294 as a pillion rider. The bike was being driven by her relative Swapan Debnath. Near Boalia the offending jeep bearing No. TR -01 -B -3866 came from the opposite direction at a high speed and rashly and negligently dashed against the motorcycle as a result of which she suffered injuries.

(3.) SRI Suman Bhattacharji, learned counsel for the claimant, has drawn my attention to the discharge slip which shows that the claimant was admitted in hospital on 13.8.2007 and she was discharged on 16.8.2007 and under the heading "case and symptoms", it is mentioned RTA which is normally used in medical reports to refer to road traffic accident. To support his plea, learned counsel has also drawn my attention to the injury report of the driver of the vehicle Swapan Debnath which shows that he was admitted in hospital on 13.8.2007 and in the same also there is history of RTA. Therefore, the story of their having suffered injuries in a road traffic accident cannot be said to be false.