NATIONAL INSURANCE CO LTD Vs. MINTU DEBNATH

JUDGEMENT

(1.) THIS appeal is filed under section 173 of Motor Vehicles Act, 1988, by the appellant insurance company challenging the legality and the validity of the judgment and award dated 12. 7. 2004 passed by learned Motor Accidents Claims tribunal in T. S. (M. A. C.) Case No. 228 of 2002 awarding a sum of Rs. 2,76,000 to the claimant-respondent directing to be indemnified by the appellant insurance company.

(2.) I have heard Mr. D. K. Biswas, the learned counsel for the appellant insurance company and Mr. Somik Deb, the learned counsel for the claimant-respondent.

(3.) THE claimant filed the claim petition under section 166 of Motor Vehicles Act, 1988, before Motor Accidents Claims tribunal, Agartala, registered as T. S. (M. A. C.)Case No. 228 of 2002 praying for compensation amounting to Rs. 35,00,000 for the injuries sustained by him on account of vehicular accident that took place at baramura on Assam-Agartala Road alleging rash and negligent driving of the vehicle bearing registration No. TR 01-A 1517 (truck) wherein the claimant was travelling on the fateful day.