GENERAL MANAGER Vs. GOURI DEY (NAG)
LAWS(TRIP)-2021-1-23
HIGH COURT TRIPURA
Decided on January 08,2021

GENERAL MANAGER Appellant
VERSUS
Gouri Dey (Nag) Respondents

JUDGEMENT

Arindam Lodh,J. - (1.) Heard Mr. K. De and Mr. R. Saha, learned counsel appearing for the appellant. Also heard Mr. S. D. Choudhury, and Mr. S. Lodh, learned counsel appearing for the respondents. It is submitted that the instant appeal is covered by the judgment passed by another Co-ordinate Bench of this Court in MAC. App. No.35 of 2019 dated 10th January, 2020. The aforementioned judgment reads as under: 'This appeal is filed by the insurance company, primarily, questioning its liability to satisfy the award passed by the Motor Accident Claims Tribunal, West Tripura, Agartala.
(2.) Brief facts are as under: Respondent No.1 was a passenger in an Aulto Car when the vehicle collided with an oncoming Bus insured by the appellant-insurance company. He received serious injuries. He, therefore, filed claim petition T.S.(MAC)No.267/2016 seeking compensation from owners and insurers of both the vehicles involved in the accident. The Claims Tribunal awarded a compensation of Rs.7,74,000/-. Such liability was apportioned equally amongst the drivers of both vehicles and, therefore, the owners and insurers were required to bear 50% burden of such compensation.
(3.) In so far as the claimant is concerned, the award is one of composite liability. This is essentially, therefore, an issue between the two insurance companies.;


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