NATIONAL INSURANCE COMPANY LIMITED Vs. SUBRATA KANTI ROY

JUDGEMENT

(1.) This application is filed by the petitioner under Article 227 of the Constitution of India for setting aside the order dated 16.11.2007 passed by the learned Member of the Motor Accident Claims Tribunal, West Tripura, Agartala, Court No. 2 as well as the orders dated 04.01.2008 and 03.02.2009 passed in Certificate Proceeding being No. 03/MACT/08 by the Certificate Officer, SDM's Office, Sadar, Agartala.

(2.) Heard Mr. A. Lodh, learned counsel appearing for the petitioner as well as Mr. P.K. Dhar, learned counsel appearing for the respondent.

(3.) The facts necessary for disposal of this petition may be summarized as follows:- The respondent instituted Title Suit (MAC) No. 299 of 1995 before the Motor Accident Claims Tribunal, West Tripura, Agartala, Court No. 2 alleging inter-alia that on 25.03.1995 while he was awaiting for a bus in the left side of Agartala-Bishalgarh Road at Badharghat, at that time, a jeep bearing No. TR-01-2015 coming from the southern side in negligent manner, dashed him and, as a result of which he suffered injuries. On account of such injuries sustained by him, he filed the aforesaid claim case praying for compensation amounting to Rs. 6,00,000/- (Rupees six lakhs). The learned Tribunal, upon hearing the parties, finally disposed the claim case on 14.11.2002 awarding a sum of Rs. 92,500/- (Rupees ninety two thousand five hundred) to the claimant as compensation within two months with interest @ 9% per annum w.e.f. 22.09.1995 i.e. from the date of filing of the claim petition with further order that if the respondent Insurance Company (the petitioner herein) fails to comply with the direction to satisfy the award within two months, the interest would be 12% per annum after expiry of two months.