DULAL DEBBARMA Vs. SARALA DEBBARMA @ SURUBALA DEBBARMA; MAMATA DEBBARMA @ NAMITA; BISWANATH DEBBARMA; JAGANNATH DEBBARMA; SAJAL CHAKRABORTY; DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal is directed against the award dated 08.02.2013 passed by the learned Motor Accidents Claims Tribunal, West Tripura, Agartala in T.S.(MAC)244/2009 whereby the learned Tribunal held the appellant liable to pay a sum of Rs.6,15,400/- as compensation along with interest.

(2.) In the claim petition it was stated that the victim Pusharai Debbarma was going towards his house when he was hit by a motorcycle driven by Sri. Dulal Debbarma, which was being driven in a rash and negligent manner. FIR No.11/2009 was lodged with the Bishramganj P.S. under Section 279/304A IPC against Sri. Dulal Debbarma. It would be pertinent to mention that in the FIR it was clearly stated that the motorcycle had no number whatsoever. It is not disputed that the vehicle was being driven by the appellant Sri Dulal Debbarma. In the claim petition, it was clearly mentioned that the vehicle did not have any registration number and it was a numberless motorbike having Engine No.3-TMBED-41946, Chasis No.31FBED55861 driven by Sri Dulal Debbarma who is working in the Education Department at Bishalgarh.

(3.) In the written statement filed by Sri Dulal Debbarma it was stated that the engine number and the chasis number given in the claim petition are wrong. It was stated that the motorcycle was not in use since long before the accident. It was also alleged that the motorcycle belonged to one Sri Ratan Saha who was the owner of the motorcycle. It was further stated that Dulal, the appellant, wanted to purchase this motorcycle after making necessary repairs so that he could sell it at a profitable price. Hence, it was temporarily kept in his house for taking to the garage for repairs. After the accident the police came to his house and seized the old unused motorcycle in the absence of the answering-opposite party and took it away. He further stated that he had purchased a motorcycle bearing Registration No.TR01C 4878 from registered owner Sri Sajal Chakrborty on payment of Rs.30,000/- and was using the motorcycle and according to him, it was the second motorcycle which was involved in the accident.