ARINDAM DATTA Vs. MILAN DEB
LAWS(TRIP)-2021-2-35
HIGH COURT TRIPURA
Decided on February 12,2021

Arindam Datta Appellant
VERSUS
Milan Deb Respondents

JUDGEMENT

Akil Kureshi,J. - (1.) This Appeal is filed by owner of one of the two vehicles involved in the accident which took place more than 20 years back. On 03.09.1999, the claimant was travelling in a commander jeep owned by the appellant bearing registration No. TR-01-A-2058. The vehicle collided with another jeep causing serious injuries to the claimant. Before the Claims Tribunal, it appears that neither of the two vehicle owners defended themselves properly. Claims Tribunal proceeded ex parte and passed the award holding drivers of both the vehicles equally negligent in causing the accident. The owners of both the vehicles were thus be responsible to satisfy the decree in half. The appellant though claims that the vehicle was duly insured at the time of the accident, did not produce any such insurance policy before the Claims Tribunal. The record would further suggest that only after the claimant filed Execution Petition in which notice was issued to the appellant, he appeared before the Claims Tribunal and requested the Tribunal to recall the award. Even after this attempt failed, the appellant took no further steps to follow his remedies. It further appears that when the claimant tried to execute the award against the owner of the other vehicle, once again the present appellant tried to bring on record certain facts. This attempt also failed and in fact, the application at that stage was withdrawn. This Appeal was filed in the year 2017 against the award of the Motor Accident Claims Tribunal, which was passed on 16.01.2010. After the filing of this Appeal nearly 4 years later also no attempt is made to bring any additional documents on record. When so confronted, learned counsel for the appellant submitted that previously the advocate engaged by the appellant did not defend him properly. Though copy of the insurance policy was supplied to him he did not produce it before the Tribunal. The appellant therefore changed his advocate. Before this Court, the appellant would like to bring the insurance policy on record.
(2.) The case presents a very sorry state of affairs. For the accident which took place on 03.09.1999 in which the claimant received serious bodily injuries, more than 20 years later he has so far not received any compensation. This is more than 10 years after the Claims Tribunal passed an award. Till date, the appellant has not produced the insurance policy which covered his risk at the time of accident. Even this Appeal, which was filed 7 years after the award has remain pending before the Court for close to 4 years during which period also, no complete steps are taken by the appellant to bring the insurance policy on record. The oral requests of the counsel for the appellant that the appellant may be given an opportunity to produce the insurance policy cannot be accepted.
(3.) Appeal is dismissed. Record may be transmitted to the Claims Tribunal. Pending application(s), if any, also stands disposed of.;


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