RABA LAXMI DEBBARMA Vs. NUPUR DEB

JUDGEMENT

(1.) This appeal, for enhancement of the award, under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 17.03.2007 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Khowai in T.S. (MAC) No. 23 of 2006.

(2.) Heard Mr. S. Talapatra, learned Senior Advocate, assisted by Mr. D. Bhattacharjee, learned counsel appearing for the appellants as well as Mr. P. Goutam, learned counsel appearing for the respondent No. 2 - The New India Assurance Co. Ltd. The service of notice to the respondent No. 1 by registered post with A.D. shall be deemed to have been effected properly under Order 5, Rule 9 of the Code of Civil Procedure, inasmuch as, neither the AD Card nor the registered post returned unserved even after lapse of many months from the date of taking steps for service of notice to the respondent No. 1 by registered post with AD. None appears for the respondent No. 1 without showing any cause.

(3.) The concise facts, sans unnecessary details, leading to the filing of T.S.(MAC) No. 23 of 2006 are noted for decision of the present appeal:-