LAWS(TRIP)-2019-5-55

ORIENTAL INSURANCE CO. LTD. Vs. MINA PAUL

Decided On May 14, 2019
ORIENTAL INSURANCE CO. LTD. Appellant
V/S
Mina Paul Respondents

JUDGEMENT

(1.) Challenge, limited in nature, is laid to the award dtd. 13/7/2017 passed by learned Member, Motor Accident Claims Tribunal No. 2, West Tripura, Agartala in Case No. T.S. (MAC) 328 of 2006 titled as Smti. Mina Paul and others v. Md. Shahidur Ali and others.

(2.) After the matter was heard for some time, Mr. P.K. Debnath, learned counsel for the appellants by inviting attention of this Court to the decision rendered by Hon'ble the Apex Court in Bithika Mazumdar and another v. Sagar Pal and others reported in AIR 2017 SC 965 contended that the period of interest be reduced by 9 years for the claimants did not take any steps in effectively pursuing the matter. Well this is the only ground urged at the time of hearing of the appeal.

(3.) At the threshold, it be only pointed out that the claimants are the wife, mother, and two children of deceased Aniruddha Paul who died in a motor vehicle accident on 24/3/2006. Undisputedly, deceased was travelling in a Volvo Bus and the accident occurred on account of contributory negligence of drivers of two vehicles bearing registration No. AS-01-U-5585 (Volvo) and truck bearing registration No. AS-01-C-7771. Both the vehicles were insured. Volvo Bus was insured with M/s Oriental Insurance Company Ltd., and the truck was insured with M/s New India Assurance Company Ltd.