NAMITA DAS Vs. MAKHAN RABI DAS

JUDGEMENT

(1.) HEARD Mr. B. Das, learned senior counsel appearing for the petitioner as well as Mr. S.D. Choudhury, learned counsel appearing for the respondent No. 3, Mr. P. Gautam, learned counsel appearing for the respondent No. 2 and Mr. K.K. Pal, learned counsel appearing for the respondent No. 1.

(2.) THIS petition under Article 227 of the Constitution of India has been filed by one of the owners of the offending vehicles against the judgment and award dated 13.09.2005 delivered in TS(MAC) No. 92 of 2002 by the Motor Accident Claims Tribunal, West Tripura, Sonamura.

(3.) MR . Das, learned senior counsel appearing for the petitioner has submitted that the petitioner has not given any instruction whatsoever and as such he is not in a position to make any submission, but he has come to know that the insurer has deposited the amount as awarded by the Motor Accident Claims Tribunal and he has no objection if this Court directs payment of the said amount as deposited by the insurer to the claimant. The liability that is under challenge in this petition has been fixed by the Tribunal on the basis of the observation which is as under: