BRANCH MANAGER Vs. SHEPHALIKA SINHA

JUDGEMENT

(1.) This is an appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 29.07.2016 passed by the learned Motor Accident Claims Tribunal, Dharmanagar, North Tripura wherein and whereunder the learned Tribunal has awarded Rs.16,60,000/- as compensation.

(2.) Heard Ms. R. Purkayastha, learned counsel appearing on behalf of the appellant-Insurance Company as well as Mr. CS Sinha, learned counsel appearing for the respondents.

(3.) The solitary question as raised by Ms Purakayastha, learned counsel for the appellant-Insurance Company is that as to whether the accident occurred due to the contributory negligence of the deceased or the driver/rider of the motor bike. In order to examine the merit of the contention as raised on behalf of the appellant-Insurance Co., it is necessary for this Court to first and foremost examine,