UNION OF INDIA Vs. GITA BANIK

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as the Act) has been filed against the judgment and award dated 12.1.94 passed by the Additional District: Judge, West Tripura (Motor Accident Claim Tribunal) in T.S. (M.A.C.) 162 of 1992.

(2.) Today the case was not listed for hearing but both the lawyers have approached the Court for disposal of the case after hearing them. We have, therefore, taken up this case for hearing and after the arguments were over we now proceed to dispose of this appeal by the following judgment.

(3.) The motor accident relating to which this case was filed took place on 7-12-91 at 7 p.m. on Agartala-Airport road near Natunnagar Cooperative Society. Smti. Gita Bank, the respondent who filed the claim petition stated that on that date at the relevant point Of time her husband Jiban Banik who was 30 years of age was driving a jeep bearing No. 580 towards Agartala. At that time another vehicle bearing No. TRA 2506 which was also coming towards Agartala was behind the jeep of the husband of the respondent. It was alleged that to overtake the jeep driven by the husband of the respondent, the driver of the other vehicle most negligently and rashly drove his vehicle and as a consequence of such rash driving it dashed the jeep No. TRT 580 causing not only damage to it but that jeep went out of the road and dashed against a tree. As a result of this violent collision, the driver-cum-owner of the jeep No. TRT 580 died instantaneously. The respondent, therefore, claimed compensation to the tune of Rs. 20 lakhs.