PADMA SADHAN JAMATIA Vs. MD MANNAN MIAH PODDER

JUDGEMENT

(1.) These two appeals are being disposed of by a common judgment since they both arise out of the award dated 25.01.2012 passed by the learned Motor Accident Claims Tribunal, South Tripura, Udaipur in TS (MAC) No.109 of 2009.

(2.) The claimant filed a claim petition under section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.5,00,000/-. In the claim petition it was alleged that the claimant was driving his own Maruti vehicle bearing registration No.TR-01-E-0760 on 10th March, 2009. He was going towards Udaipur town from his house at Atharabhola, near the police line the vehicle (Mini Truck) bearing registration No. TR-03-A-0253 owned by Md. Mannan Miah Poddar and driven by Md. Tinku Miah and insured with the ICICI Lombard General Insurance Co. Ltd. hit his vehicle and as a result of this he sustained injuries on his right leg, chest, neck and in the head. He was taken to the Tripura Sundari Hospital at Udaipura and remain admitted therefrom 10th March, 2009 to 12th March, 2009. Thereafter he was referred to the AGMC and G. B. P. Hospital, Agartala where he remained admitted from 12th March, 2009 to 4th April, 2009. On this basis the claim petition was filed.

(3.) The owner and driver of the vehicle did not deny the accident but according to them the accident had occurred due to the rash and negligent driving of the claimant-petitioner himself. The insurance company i.e. ICICI Lombard General Insurance Co. ltd. also took a similar stand. The learned Tribunal awarded Rs.45,000/- to the claimant, Rs.20,000/- on account of pain and suffering and Rs.25,000/- for cost of treatment and this award has been challenged by both sides.