PRABHAS DAS Vs. DIPAK DAS
HIGH COURT TRIPURA
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(1.)This review petition has been filed by claimant appellant Prabhas Das seeking review of the judgment and order dtd. 30/6/2021 passed by this Court in MAC App. No.31 of 2020 dismissing the appeal of the review petitioner against the award dtd. 6/5/2020 delivered by Motor Accident Claims Tribunal No.1, West Tripura, Agartala in case No. TS(MAC) 27 of 2017.
(2.)Brief facts necessary for disposal of the case are as under:
Twenty-five years old claimant Prabhas Das, a mason by occupation was travelling in the offending vehicle bearing registration No. TR-02B-2866 from Ashram Palli to Tasanta Road in Manu on 28/7/2016 at about 9.30 am. On the way, he slipped from the speeding vehicle as a result of rash and negligent driving of the said vehicle. Injured claimant was immediately taken to RGM Hospital at Kailashahar in critical condition from where he was referred to AGMC and GBP Hospital at Agartala. After few days of treatment as an indoor patient he was discharged from the hospital. Thereafter, he visited Silchar Medical College and Hospital several times for better treatment. His father, Nitai Das lodged a written FIR with the Officer-in-charge of Kumarghat police station day after the occurrence accusing the driver of the said vehicle of rash and negligent driving and based on his FIR, Manu P.S Case No.2016MNU028 under Ss. 279, 338 and 201 IPC was registered and investigation of the case was carried out by Alauddin Majumder, Sub-Inspector of Police. After conducting the whole investigation, the said Investigating Officer submitted charge sheet against accused Dipak Das, owner-cum-driver of the offending vehicle for having committed offence punishable under Ss. 279, 338 and 201 IPC and under Sec. 187 read with Sec. 134 M.V. Act.
(3.)The injured claimant filed a petition under Sec. 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, No.1 at Agartala claiming compensation of a sum of Rs. 78,97,000.00.
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