NATIONAL INSURANCE COMPANY LTD Vs. ANINDITA DEBNATH ROY

JUDGEMENT

(1.) HEARD Mr. A. Lodh, learned counsel for the petitioner, Also heard Mr. B. Banerjee, learned counsel for the respondents.

(2.) THE present petition under Article 227 of the Constitution of India has been preferred by the National Insurance Company, the petitioner herein, for exercising power of superintendence to set side the order dated 14. 8. 06 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala (for short, learned Tribunal) in TS (MAC) No. 591 of 2004 whereby awarding compensation in reference to the application preferred by the claimant-opposite parties under Section 166 of the Motor Vehicles Act in context of the death of Debi Prasad Roy which took place in a road traffic accident occurred on 7. 3. 04 at about 0600 hours near Tanti Para on Agartala-Airport road by the Commander Jeep hearing No. TR-01-3120.

(3.) IT appears that on the fateful day on 7. 3. 2004 in the morning deceased Debi Prasad Roy was going towards Agartala from Usha Bazar by riding on the Motor cycle of his younger brother bearing registration No. TR-01-D-5957. On the way near Tanti Para at about 0600 hours a Commander Jeep vehicle bearing registration No. TR 01-3120 coming from opposite direction with high speed, rash and negligently driven had dashed Debi Prasad Roy along with his Motor cycle. Debi Prasad Roy sustained grievous injuries on his person in the accident. Immediately after the accident one Shri Subhajit Bhattacharjee and other local people shifted Debi Prasad Roy to G. B. hospital, Agartala. But on that day at about 1510 hours Debi Prasad Roy succumbed to the injuries. Deceased Debi Prasad Roy was a young man of about 30 years at the time of accident and an enlisted contractor of Central Public Works Department. At the time of accident he used to earn Rs. 25,000/- per month. Accordingly, the claimant-opposite parties have preferred the instant claim petition for compensation. The owner of the offending Jeep bearing No. TR 01-3120 Smt. Gita Rani Shil filed a written statement denying the claim of the opposite parties and the petitioner herein the Insurance Company contested the suit for compensation denying all the averments made in the claim petition.