CHIRANJIT SAHA Vs. ANIMESH ROY

JUDGEMENT

(1.) This appeal is filed by the original claimant seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, West Tripura, Agartala by impugned award dated 24.06.2017.

(2.) Brief facts are as under: On 03.04.2013 the claimant along with a companion was standing near a petrol pump. At that time a heavy vehicle owned by the respondent No.1 and insured by the respondent No.2, Insurance Company was brought there for checking air pressure in the tyres. While this process of filling air and checking the pressure was going on, the tyre of the vehicle suddenly burst causing injuries to the claimant and his companion. The claimant was taken to a nearby hospital from where he was shifted to Kailashahar Hospital. He was thereafter referred to G.B.P. Hospital, Agartala. From there he was further treated at Silchar as an indoor patient from 04.04.2013 to 16.04.2013. According to the claimant, even thereafter he had to take extensive medical treatment at the hands of private doctors. The claimant, therefore, filed a claim petition seeking compensation of Rs.17,82,000/- from the owner and insurer of the vehicle involved in the accident.

(3.) Before the Claims Tribunal the respondents opposed the claim contending that the claimant did not receive injuries in a vehicular accident. There was no negligence or rash driving of the vehicle and, therefore, motor accident claim petition was not maintainable. The Claims Tribunal rejected such a contention referring to certain decisions of the Supreme Court holding that the term "arising out of use of a motor vehicle" is wider than "arising out of a motor accident". It was thus held that the claim petition was maintainable.