HUMAYUN KABIR Vs. MONORANJAN DAS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India, presented by the petitioner, challenging order dated 7.11.2011 passed by the learned Member, Motor Accident Claims Tribunal (Court No. 3), West Tripura, Agartal in case No. Misc. (Review) 112 of 2010. Briefly stated, the fact necessary for disposal of this petition is that the respondent Nos 1 and 2 presented a petition under Section 166 of the Motor Vehicles Act (for short, 'M.V. Act') for granting compensation for the death of their daughter Anjali Das due to motor vehicle accident and that petition was registered as case No. TS (MAC) No. 326 of 2003 in the Motor Accident Claims Tribunal, West Tripura, Agartala.

(2.) I have heard Mr. M. K. Roy, learned counsel appearing for the petitioner. Also heard Mr. P. Gautam, learned counsel appearing for the respondent-Insurance Company.

(3.) Mr. M. K. Roy, learned counsel appearing for the petitioner has submitted that the petitioner produced the certificate of insurance of the vehicle and the driving licence of the driver to his lawyer, but his engaged lawyer only submitted the insurance certificate but did not submit the driving licence of the driver before the Tribunal and the Tribunal without considering the pleadings of the Insurance Company and the owner of the vehicle passed the order directing the petitioner to make payment of the compensation though the petitioner had valid insurance of the vehicle on the date of accident.