NATIONAL INSURANCE COMPANY LTD. Vs. RAIANGGYA MOG

JUDGEMENT

(1.) This appeal is directed against the judgment and award dtd. 16/4/2016 passed by the learned Member, Motor Accident Claims Tribunal, No.1, West Tripura, Agartala in case No. TS(MAC)277/2014 wherein the learned Tribunal has awarded compensation to the tune of Rs.9,92,000.00 along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment.

(2.) The cross objection was filed by the claimants and on agreement of the learned counsel for the parties both the appeal and the cross objection have been taken up together for disposal by a common judgment.

(3.) The claimant respondents No. 1 to 5 by filing a claim petition under Sec. 166 of the Motor Vehicles Act have stated inter alia, that on 16/3/2016 Ulufru Mog along with his wife Chaiwa Mog was proceeding from Rupaichari to Agartala by a motor bike bearing registration No. TR03 E 5339 and when they reached Bishramganj at about 8.30 hrs the offending vehicle bearing registration No. TR01 W 1672 coming from the same direction at a high speed rashly and negligently dashed the motor bike from the back side. As a result, Ulufru Mog along with his wife sprinkled under a truck bearing registration No. TRL 2843, which was in their front side. Consequently, both of them received grievous injuries on their head, chest and other parts of their body and on being taken to the nearby PHC they were declared dead. A police case was also registered with the Bishramganj P.S. being Bishramganj P.S. Case No. 20/2014 under Sec. 304 Part II of IPC against the driver of the Bolero Maxi Truck bearing registration No. TR01 W 1672.