ORIENTAL INSURANCE CO. LTD Vs. BINA BHATTACHARJEE

JUDGEMENT

(1.) I have heard Mr. K. Bhattacharjee, learned counsel for the petitioner, and Mr. P.S Deb, learned counsel appearing on behalf of the respondents.

(2.) BY the impugned award, dated 18.12.1999, passed in TS (MAC) No. 456/96, the learned Member, Motor Accident Claims Tribunal, West Tripura No. 2, Agartala, has awarded a sum of Rs. 3,24,000 as compensation in favour of the claimant for the injuries sustained by him in a motor vehicular accident. Feeling aggrieved, the insurer of the offending vehicle has challenged the award in this writ petition.

(3.) THE learned Tribunal held that the said accident took place due to rash and negligent driving of the offending vehicle by its driver. The finding, so reached by the learned Tribunal, that the said accident took place due to rash and negligent driving of the said vehicle, could not be assailed before the learned Tribunal and has, in fact, not been assailed at the time of hearing of this writ petition.