DHIRENDRA CHANDRA DAS Vs. ANIL SARKAR & ANR.

JUDGEMENT

(1.) By this appeal, filed under Section 173 of Motor Vehicles Act, 1988, the appellant, named above, has challenged the judgment and award dated 28.01.2005, passed by the learned Member, Motor Accident Claims Tribunal (Court No. 4), West Tripura, Agartala in case No. TS (MAC) 518 of 2001. Brief facts:

(2.) Respondent No. 1, the owner of the alleged offending bus vehicle No. TR01-1335, submitted written statement admitting the accident. The respondent also admitted that the petitioner suffered severe injury due to the accident. Respondent further stated that the vehicle was insured with National Insurance Company Ltd. covering the risk on the date of accident and the driver Chandan Deb was having with a valid driving licence. He, however, denied rash and negligent driving of the vehicle.

(3.) Respondent No. 2 also contested the case by filing written statement denying the averments made in the claim petition but did not specifically deny the factum of insurance of the vehicle covering the risk on the date of accident. The respondent further stated that the owner of the vehicle should produce all documents of the vehicle including valid driving licence of the driver and the certificate of insurance and otherwise, insurance company should not be saddled with the responsibility of making payment of any compensation.