NATIONAL INSURANCE COMPANY LTD Vs. BIKRAM KUMAR DAS

JUDGEMENT

(1.) The writ petitioner Insurance Company by the present writ petition has sought to invoke the jurisdiction of this Court under Article 227 of the Constitution of India by challenging the judgment and award dated 4.4.2005 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in Case No. T.S. (MAC) 225/2003 whereby an amount of Rs. 3,80,000/- with interest @ 6% per annum from the date of filing of the claim petition till the date of realization, if the amount is deposited within 2 months or to pay interest @ 9% per annum if the said awarded amount is not deposited within the said period of two months.

(2.) A claim petition was filed by Smti Laxmi Adhikari on behalf of her husband Kartik Adhikari under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs. 12,00,000/- for the injuries sustained by her husband in a motor accident occurred on 17.12.2002 involving the motor vehicle bearing registration No. TR-03-7834 (Motor Cycle) belonging to Shri Bikram Kumar Das, the respondent No. 1 herein. The said application was registered as Case No. T.S.(MAC) 225/2003 before the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala. In the said claim case, the owner of the motor cycle as well as the Insurance Company, the writ petitioner herein were arrayed as the opposite parties. The owner as well as the Insurance Company on receipt of the summons entered appearance and filed a written statement. The claimant in support of her claim examined two witnesses namely the claimant herself and her husband i.e. the injured Kartik Adhikari. The opposite parties, the writ petitioner and the respondent No. 1 herein did not examine any witness. The learned Tribunal upon consideration of the materials on record and evidence adduced by the claimant awarded a sum of Rs. 3,80,000/- with interest as stated above and directed the Insurance Company to satisfy the said award since the vehicle was insured with the said Insurance Company. Hence, the [present writ petition by the Insurance Company under Article 227 of the Constitution before this Court.

(3.) I have heard Mr. A. Lodh, learned Kounsel for the petitioner and Mr. A. Nandi, [earned counsel appearing on behalf of respondent No. 2, the claimant. Note appears For the respondent No. 1 despite service of Notice.