ARATI DAS Vs. MATILALBHATTACHARJEE

JUDGEMENT

(1.) HEARD Mr. Somik Deb, with Mr. A. Pal, learned counsel for the appellants and Mr. K. N. Bhattacharjee, learned senior counsel assisted by Mr. S. Chakraborty, learned counsel for the respondent owner. Heard also Mr. P. Gautam, learned counsel for the Insurance Company.

(2.) THE present appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 24. 6. 1999 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala (the learned Tribunal for short) in Case No. T. S. , (MAC) 261 of 1996 preferred under Section 166 of the M. V. Act, before the learned Tribunal in reference to the death of Dinesh Das, husband of the appellant No. 1 and father of other claimants in a motor accident which occurred on 21. 8. 1992 at about 1610 hours at Nailaha Bail on the Assam Agartala road under Ambassa police station.

(3.) THE said accident occurred on 21. 8. 1992 when the victim Dinesh Das was proceeding along with Assam Agartala Road at Nailahabari with containers of fish fingerlings on his shoulder by a 'bhar' for selling them to the villagers like a Hawker, he was hit by a Truck bearing No TRL-2875 coming from Ambassa towards Agartala being driven very rashly and negligently with high speed knocking the victim from extreme left side of the road and the said vehicle also outlined from the road. As a result of this accident the victim Dinesh Das was seriously injured and was brought to Kulai Hospital and there from he was referred to G. B. Hospital Agartala where he succumbed to his injuries on 3. 8. 1992 at about 09. 05 hours. In reference to the said accident, the Ambassa P. S. Case No. 7 (8)92 under Section 279/338/427/304 (A) of I. P. C. was registered.