LAWS(GAU)-2009-3-1

STATE OF TRIPURA Vs. GAYATRI ACHERJEE

Decided On March 25, 2009
STATE OF TRIPURA Appellant
V/S
GAYATRI ACHERJEE Respondents

JUDGEMENT

(1.) THIS appeal by the State of Tripura has been filed assailing the judgment and award dated 23-9-1999 passed by the learned Member, Motor Accident claim Tribunal Court No. 2. West Tripura. Agartala in T. S. No. (MAC)/116/93. By this impugned judgment apart from awarding a sum of Rs. 2,33,000/- as compensation to the legal heirs of this deceased u/s. 166 of the Motor Vehicles Act, 1988 (for short the 'act') the Tribunal has directed that the award shall be satisfied by the Inspector general of Police. Govt. of Tripura since the said officer had hired the offending vehicle at the relevant period.

(2.) I have heard Shri T. D. Mazumder, learned counsel for the appellants. Shri H. K. Bhowmik, learned counsel for the respondent Nos. 1, 2 and 3 and Shri S. M. Chakraborty, learned Senior counsel for the respondent Nos. 4 and 5. The respondent no. 6 who was impleaded in the claim application on the premise that the vehicle was in fact sold to him before the accident took place, has not come forward to contest this appeal.

(3.) THE only question involved in this appeal is as to whether the award should be satisfied by the State of Tripura or by the owner of the vehicle.