NATIONAL INSURANCE CO. LTD. Vs. ARCHHANA SAHA

JUDGEMENT

(1.) It is a common case of the parties that the disbursement of the amount of compensation quantified by the Tribunal in terms of the award dtd. 11/9/2017 passed by learned Member, Motor Accident Claims Tribunal No.1, West Tripura, Agartala in case No. Title Suit(MAC) 239 of 2015, titled as Smt. Archhana Saha and another v. Shri Tapas Sarkar and another, has to be in terms of the guidelines framed and directions issued by the Division Bench of this Court vide judgment and order dtd. 18/6/2013 passed in WP(C) No.137/2013, titled as Sri Mani Gopal Saha v. The Union of India and others, and other connected matters, as also judgment dtd. 23/7/2018 passed by a learned Single Judge of this Court in MAC APP. No.22/2016, titled as Reliance General Insurance Co. Ltd. v. Smt. Dulali Saha and others.

(2.) It is seen that save and except for the extent of disbursement of the amount of compensation so quantified by the Tribunal, the insurer does not lay challenge to any one of the findings returned by the Tribunal.

(3.) The claimants are the legal heirs of the deceased Babul Kanti Saha, who died as a result of injury sustained in a motor vehicle accident. The incident took place on 20/7/2015 and the fault being that of the driver of the offending vehicle bearing No.TR-01- W-9070 (Scooty); the claimants being the legal heirs dependent upon the deceased for the purposes of income and that the amount quantified by the Tribunal due and payable by the insurer amounting to Rs.26,08,032.00, is just, fair and reasonable. Also that the liability in the absence of any breach of the terms of the policy is that of the insurer/present appellant.