PANNA SINGH Vs. HIMANGSHU KARMAKAR

JUDGEMENT

(1.) This appeal arises from the Judgment and Award dated 31st March, 1995 passed by the learned Motor Accident Claims Tribunal, West Tripurra, Agartala in T.S.(MAC) 101 of 1994. Heard Mr. Gon Choudhury, learned counsel for the Appellant and also Mr. K. Bhattacherjee, learned counsel for the respondents.

(2.) The facts of the case in a very short compass are as follows : The Appellant as a claim petitioner filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for grant of compensation of Rs. 7,00,000/- along with a petition under Section 140 of the said Act for compensation under no fault liability due to death of her husband, namely, late Pradip Singha caused by a motor accident on 13.3.94 at about 2.30 P.M. at Taibandal, Melaghar when he was driving a motor vehicle bearing registration No. TRL-3089(Truck). The Opposite Party, respondent No. 1, admitted the accident but contended that the deceased died due to his contributory negligence and the deceased was also under the influence of drinks and the vehicle was not completely within his control. According to the Appellant (claimant-petitioner) on 13.3.94 at about 2.30 P.M. while the deceased is going towards Taibandal at Melaghar by driving the said vehicle (truck) as driver suddenly due to some mechanical troubles the said vehicle fell down in a ditch on the road side and as a result of which the deceased received head injury and other injuries on his person and ultimately died on the spot. After hearing the parties the learned Tribunal awarded an amount of Rs. 1,44,000/- to the claimant-petitioner (appellant) as compensation for the death of her husband. Being aggrieved by the impugned Judgment and Award of the learned Tribunal, the Appellant filed this Appeal.

(3.) New this Court is to see and examine as to whether the learned Tribunal passed the impugned Judgment and Award according to Jaw or not and whether the learned Tribunal had made a reasoned order in respect of the claim of the present Appellant ?