NEW INDIA ASSURANCE CO. LTD. Vs. RAMMANI RUPINI

JUDGEMENT

(1.) By this appeal, filed under Sec. 173 of M.V. Act, the appellant, New India Assurance Company Ltd., which was arrayed as respondent No.3 in the claim case, challenged the judgment and award dated 31.07.2008, passed by the learned Member, Motor Accident Claims Tribunal, Court No.4, Agartala, West Tripura, in case No. TS(MAC) 580 of 2005.

(2.) Heard learned counsel, Mr. P.K. Dhar for the appellant and learned counsel Mr. D.C. Roy and Mr. N. Chowdhury for respondent Nos. 1 and 2 and learned counsel, Mr. P. Gautam for respondent No.5. Respondent Nos. 3 and 4. the owners of the alleged offending vehicles have chosen to remain absent.

(3.) Fact of the case, in short, is that Narayan Rupini, aged about 24 years, by profession a daily labour was travelling with Jeep vehicle No. TRO I-A-2016 on 20.11.2000 from Thangnai bazaar (Howaibari) to Baramura and at about 6-45 a.m., at a place named Coffee bagan on Assam Agartala road, another Truck vehicle bearing No. TRL-3128 came from opposite direction and both the vehicles were driven most rashly and negligently and as a result, there was a collision between the vehicles because of rash and negligent driving and consequently Narayan Rupini suffered severe injury on his head and other parts of the body. He was taken to Teliamura Hospital from where he was shifted to G.B.Hospital and he died on 22.11.2000 at G.B. Hospital. Respondent Nos. 1 and 2 herein, being the parents of deceased Narayan Rupini, presented an application under Sec. 166 of M.V. Act, before the Motor Accident Claims Tribunal. Agartala for granting them compensation for the death of their bachelor son.