NEW INDIA ASSURANCE CO LTD Vs. RANJIT GHOSH

JUDGEMENT

(1.) This application under Articles 236/227 of the Constitution of India has been filed by the petitioner, namely, New India Assurance Co, Ltd. for quashing the judgment award dated 17.3.1997 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in TS (MAC) 174 of 96.

(2.) Before entering into the contentions advanced by Mr. Biswas, the learned counsel appearing on behalf of the petitioner, it nay be advantageous at this stage to have a brief resume of the tacts relevant for the purpose.

(3.) One Ranjit Ghosh, son of the Late Harendra Ch. Ghosh presented an application under Section 166 of the Motor Vehicles Act, 1988 (abbreviated hereinafter as the Act) claiming compensation on account of the injuries he sustained due to some motor accident which took place on 12.3.1996 at about 7.30 p.m. on Assam-Agartala Road. The vehicle which was involved in the accident was stated to be vehicle bearingNo.TR-Ol-2681 (Jeep). The present petitioner was also made one of the respondents in the claim petition. Learned Member, Claims Tribunal also issued notice to the present petitioner and the present petitioner as has been submitted by the learned counsel for the petitioner contested the case by filing a written objection.