THE BRANCH MANAGER Vs. DIPU DAS

JUDGEMENT

(1.) HEARD Mr. A. Lodh, learned counsel appearing for the petitioner as well as Mr. A. Das Gupta, learned counsel appearing for the respondent Nos. 1 and 2, and Mr. R. Datta, learned counsel appearing for the respondent Nos. 3 and 4.

(2.) THIS petition under Article 227 of the Constitution of India has been filed for questioning the legality of the judgment and award dated 29.04.2009 delivered in TS(MAC) No. 57 of 2008 by the Motor Accident Claims Tribunal, North Tripura, Dharmanagar.

(3.) FROM the other side, Mr. A. Das Gupta, learned counsel appearing for the respondent Nos. 1 and 2, the claimants has raised a jurisprudential objection as to maintainability of this petition in view of Sadhana Lodh Vs. National Insurance Company Ltd. reported in : (2003) 3 SCC 524 where the apex court has enunciated as under: