PARIMAL CHOUDHURY Vs. MANTI DAS

JUDGEMENT

(1.) This appeal by Sri Parimal Choudhury is directed against the award dated 16.06.2011 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in Case No. TS(MAC) 465 of 2008, wherein it was held that the appellant herein was equally responsible for the accident and, therefore, was liable to pay 50% of the compensation awarded.

(2.) Briefly stated, the facts of the case are that the claimants filed a claim petition under Section 166 of the Motor Vehicles Act,1988 in respect of death of Late Sri Dipankar Das which took place in a motor vehicle accident.

(3.) The allegation in the claim petition was that deceased Dipankar Das was riding as a pillion rider on a Motor Cycle No. WB- 01-M-4312. This motor cycle was proceeding from Agartala main town towards the airport and outside the Raj Bhawan there was a collision between this motor cycle and a passenger mini bus bearing No. TR-01-A-1246. As a result of the collision the deceased Dipankar suffered injuries and died on the same night.