MAMATA PAUL Vs. PRADIP SAHA

JUDGEMENT

(1.) The above two appeals have arisen out of the same judgment and order, dated 26.6.2001, passed by the learned Member, MACT, West Tripura, Agartala in TSMAC 320/1999. As both the appeals, involving same parties, are represented by the same sets of Advocates, for the sake of brevity and with the consent of the learned counsel, appearing for both the parties, I have heard these appeals, together and propose to dispose of by this common judgment and order.

(2.) On 9.2.1999 at about 5.30 P.M., Sujit Kumar Pal (since deceased), predecessor in interest of the claimants, while riding his Scooter, through the Laxminarayan Bari Road, Agartala, was hit by the offending vehicle i.e. vehicle No. AS-25-4387, as a result of which the deceased, along with his Scooter had fallen into a road side drain and sustained injuries on the little finger of his right hand. Due to the said accident, the deceased became unconscious and he was taken to the IGM Hospital, wherein he was given first aid. Subsequently, he was attended by Dr. Dilip Kumar Debbarma (Surgeon), under whose treatment he was upto 26.2.1999. On being advised by Dr. Dilip Kumar Debbarma, the deceased attended the Peerless Hospital,. Kolkata, wherein he was treated, as an Indoor Pattent, till 1.3.1999. From Peerless Hospital, he was referred to ID & BG Hospital, Beliaghata, Kolkata. While undergoing treatment in the said Hospital, he expired on 6.3.1999, due to the injuries sustained by him.

(3.) In connection with the said accident, an FIR was lodged with the Police, at Agartala and the same was registered as East Agartala P.S. Case No. 44/1999, under Section 279/338 IPC.