ASHIT BHATTACHARYA Vs. SANJIB DEBNATH; DIVISIONAL MANAGER

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act (M.V. Act) is directed against the award dated 09-12-2010 delivered by the learned Motor Accident Claims Tribunal, Court No.3, West Tripura, Agartala in case No. T.S.(MAC) 346 of 2002 whereby he dismissed the claim petition filed by the claimant on the ground that it is not proved that the accident took place due to the rash and negligent driving of the driver of vehicle No.TR-01-C- 0742.

(2.) The claim petition was filed by the claimant Asit Bhattacharjee in which it was alleged that he was walking on the extreme left side of the Assam-Agartala road and the vehicle which was coming from Agartala to Kashipur hit the claimant at about 5 p.m. on 28.01.2002. In the claim petition though there are great details about the period of treatment, nature of injuries etc., all that is mentioned about the accident is that while the claimant was walking towards Kashipur Chowmuhani, all of a sudden vehicle bearing registration No.TR-01-C-0742 proceeding towards Agartala hit the petitioner.

(3.) The owner of the vehicle filed written statement in which it was stated that when an unknown passerby attempted to cross the road near Kathia Babaji Ashram, some person was hit by the vehicle. The stand of the owner appears to be that since his vehicle was insured with the Insurance Company, the Insurance Company alone would be liable to pay the compensation. The Insurance Company denied all the allegations and contested the claim on merits.