UNION OF INDIA Vs. NANDA RANI DEBNATH

JUDGEMENT

(1.) These two appeals , viz. M.A.(F) No. 73/ 1990 under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) and the Cross-Appeal viz. No. 212 of 1997 under Order 41 Rule 22 of C.P.Code filed by the Union of India and another and Smti. Nanda Rani Debnath and others respectively are directed against the judgment and award dated 24.8.90 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in Title Suit (MACT)No. 39 of 1988.

(2.) We have heard Mr. K.N. Bhattacharjee, the learned Senior Central Government Standing Counsel appearing on behalf of the appellant-Union of India and Mr. S. Deb, the learned senior counsel appearing on behalf of Smti. Nanda Rani Debnath (Bhowmik) and others cross-objectors.

(3.) To appreciate the contentions canvassed at the bar by learned counsel for the parties, the facts relevant for the purpose may be stated as under: On2.4.1988in a motor accident which took place at about 9.55 a.m. at Agartala Airport Road near a place called Gurkha Basti one Shyamapada Bhowmik, who was a Sub- Divisional Agricultural Officer under the Directorate of Agriculture, Government of Tripura suffered grievous injuries on his person as he was knocked down by a vehicle bearing No. 84C 37434 H. Shri Bhowmik was at once removed to G.B. Hospital, but he succumbed to the injuries on 6.4.1988. After his death his legal representatives, namely the present cross- objectors presented an application before the Claims Tribunal claiming compensation to the tune of Rs. 2,88,500.00. It was alleged that the vehicle was driven rashly and negligently and due to such rash and negligent driving the accident occurred and as a consequence thereof the deceased suffered injuries on his person and ultimately died.