CHIEF REGIONAL MANAGER Vs. FULAN DEB

JUDGEMENT

(1.) This is a petition filed by Oriental Insurance Company Limited under Article 227 of the Constitution of India for interfering with the order dtd. 27/7/2015 passed in the review petition being Civil Misc (Review) 189 of 2011 by the Motor Accident Claims Tribunal, West Tripura, Agartala.

(2.) The said review petition had emerged from the judgment and award dtd. 13/1/2011 delivered in T.S (MAC) 513 of 2008. The respondents No.1, 2 and 3, hereinafter referred to as the claimants raised the claim under Sec. 166 of the Motor Vehicle Act for death of one Tapan Deb, son of the respondent No.1, husband of the respondent No.2 and father of the respondent No.3. The said victim died on 21/8/2008 out of an accident involving the vehicle No.AS-01-BC-1484 which occurred on 21/8/2008 about 20.00 hours at Charilam near Ram Krishna Ashram on Agartala-Bishalgarh road.

(3.) The petitioner herein was impleaded in the said claim petition as the insurer of the said vehicle having registration No.AS-01-BC-1484 [the truck]. The petitioner, the insurer's Chief Regional Manager filed a written statement denying the claim of those claimants. According to the Claims Tribunal, as reflected in the judgment dtd. 13/1/2011, the petitioner herein "did not specifically and clearly deny Insurance of the vehicle covering the risk on the date of accident. It was stated that the Insurance Company was not informed about the accident immediately after the occurrence and that the liability of the Insurance Company should be as per law and that the claimant petitioners and/or owner of the vehicle should prove all the legal requirements in respect of the accident as well as the Insurance of the vehicle with all terms and conditions therefor."