NATIONAL INSURANCE COMPANY LTD. Vs. BIVASH SAHA ALIAS BIVASH CHANDRA SAHA
LAWS(TRIP)-2021-2-36
HIGH COURT TRIPURA
Decided on February 12,2021

NATIONAL INSURANCE COMPANY LTD. Appellant
VERSUS
Bivash Saha Alias Bivash Chandra Saha Respondents

JUDGEMENT

Akil Kureshi,J. - (1.) This appeal is filed by the insurance company to challenge an award dated 31st May, 2019 passed in Title Suit (MAC) 21/2011.
(2.) Brief facts are as under : The respondent No.1 herein was the original claimant. He had filed the said claim petition on the ground that on 16th September, 2010 he was travelling in an auto rickshaw bearing registration No.TR-03A-1983 when on account of negligent driving of the auto rickshaw by the driver, it overturned, causing serious injuries to the claimant. He was treated as an indoor patient from 16th September, 2010 to 22nd September, 2010 and thereafter, had to take private treatment as an outdoor patient on multiple occasions. The resultant injury left 70% disability for which the claimant had produced a certificate of the District Disability Medical Board.
(3.) The insurance company opposed the claim petition on the ground of its liability as well as quantum. The contention of the insurance company was that the vehicle in question which was insured by the company was not involved in the accident at all. This was on the basis that in the FIR lodged in relation to the accident, the registration number of auto rickshaw given was TR-03-2083. The insurance company had filed a written statement and also cross-examined the claimant on this ground. Insurance company also examined the Investigating Officer (I.O) who had investigated the complaint of negligent driving leading to accident.;


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