DIRECTOR OF POSTAL SERVICES Vs. SURABALA DEBBARMA

JUDGEMENT

(1.) This appeal by the appellant-Director of Postal Services is directed against the award dated 04.4.2011 whereby the learned Tribunal awarded a sum of Rs.7,52,130/- in favour of the petitioners.

(2.) The petitioners filed a claim petition under Section 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, West Tripura, Agartala alleging that on 11.10.2003 at about 9 am deceased Brajendra Debbarma was hit by Mail Van bearing registration No.WB-03-A-8560. It was further alleged that the Mail Van bearing No.WB-03-A-8560 collided with the auto-rickshaw. The stand of the owner of the auto-rickshaw was that the Mail Van was being driven rashly and negligently. In the claim petition it was stated that there was no negligence on the part of the autorickshaw driver. The claim was contested by the respondents. As a result of the injuries sustained in this accident Shri Brajendra Debbarma unfortunately expired. The claimants are the widow, daughters and son of late Shri Brajendra Debbarma and filed the claim petition. The learned Tribunal held that the claimants were entitled to compensation and, therefore, awarded the amount as aforesaid.

(3.) The appellant appeared and contested the claim petition. It was alleged that the accident did not occur due to the negligence of the driver of the Mail Van. According to the respondents, the deceased was travelling in an auto-rickshaw bearing No.TR-02-2766 and the accident occurred due to the rash and negligent driving of the auto driver.