CHAIRMAN, HOLY CROSS SCHOOL Vs. DIGBIJOY DEBNATH
LAWS(TRIP)-2021-2-71
HIGH COURT TRIPURA
Decided on February 26,2021

Chairman, Holy Cross School Appellant
VERSUS
Digbijoy Debnath Respondents

JUDGEMENT

Akil Kureshi,J. - (1.) This appeal is filed by the original opponent of motor accident claim petition TS(MAC)382/2010 filed by the respondents herein to challenge a judgment dated 14th December, 2018 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala.
(2.) Brief facts are as under : The opponents-original claimants are dependants of Krishnalal Debnath who was fatally injured in a hit and run accident on 22nd March, 2010 on Agartala-Udaipur road in the Agartala town. According to the claimants, the vehicle involved in the accident was a Tata Sumo Delux Jeep Van bearing registration No.TR01-0556. Further, according to the claimants, the appellant Holy Cross School was a registered owner of the vehicle. According to them, there were two eye-witnesses who had seen the accident, one of them had noted down the registration number of the vehicle and reported to them upon which they had filed the claim petition seeking compensation from the owner of the vehicle.
(3.) Case of the appellant is that it never owned the Tata Sumo of the registration description given by the claimants. The school is falsely implicated since the claimants could not locate the vehicle which was actually involved in the accident. The appellant would point out that the police had carried out the investigation into the said incident and upon completion of the investigation filed a charge sheet in which it was revealed that the vehicle involved was a Tata Sumo bearing registration No.TR01-T-0556, which also the appellant never owned or possessed.;


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