KALYANI DEBNATH Vs. SUBIR CHANDRA SAHA

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 08.12.2009 passed by the learned Motor Accident Claims Tribunal, Dharmanagar, Tripura North in T.S(MAC) No.50 of 2008 whereby the learned Tribunal awarded a compensation of Rs.62,000/ - only in favour of the claimant.

(2.) THE claimant is the father of Late Karnamani Debnath who died in a motor vehicle accident involving two motor cycles on 30th July, 2006 which took place at Agartala.

(3.) THE case set up by the claimant was that on 30th July, 2006 at about 8.30 p.m the deceased Karnamani Debnath was proceeding to the Circuit House, Agartala along with O.P No.3, Biplab Dey. It is alleged that they were both travelling on motor cycle bearing registration No.TR -01F - 7485. When they had reached near the circuit house another motor cycle bearing registration no. TR -01D -6440 came from the opposite side. It was been driven by O.P No.4, Sri Bijoy Kumar Jha. There was a head on collision between the two motorcycles. The drivers and pillion riders of both the motor cycles suffered injuries. They were taken to the G. B. P. Hospital where unfortunately Karnamani Debnath succumbed to his injuries. According to the claimant the incident took place due to the rash and negligent driving of drivers of both the motor cycles.