ORIENTAL INSURANCE COMPANY LTD Vs. BISWA LAXMI DEBBARMA
LAWS(TRIP)-2022-4-1
HIGH COURT TRIPURA
Decided on April 19,2022

ORIENTAL INSURANCE COMPANY LTD Appellant
VERSUS
Biswa Laxmi Debbarma Respondents


Referred Judgements :-

MAGMA GENERAL INSURANCE COMPANY LIMITED VRS. NANU RAM ALIAS CHUHRU RAM [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD. VRS. HARADHAN DAS [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. ANNAPPA IRAPPA NESARIA [REFERRED TO]
SARLA VERMA VS. DELHI TRANSPORT CORPORATION [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [REFERRED TO]
PARMINDER SINGH VS. NEW INDIA ASSURANCE CO. LTD. [REFERRED TO]


JUDGEMENT

S.G.CHATTOPADHYAY,J. - (1.)This appeal by the appellant insurance company is directed against the common judgment and award dtd. 28/7/2016 passed by the Motor Accident Claims Tribunal (No.2), West Tripura, Agartala in Case Nos. TS (MAC) 21 of 2011 and TS (MAC) 28 of 2011 whereby the appellant insurance company was held liable to pay compensation to the claimants.
(2.)The factual background of the case is as under:
Jyotish Debbarma (deceased) was going to Lembuchera market from his house at around 3.30 pm on 23/12/2010. On the way, a speeding Tata Winger Jeep bearing registration No.TR 01-C-4191 hit him on its way from Agartala to Sidai. The victim was thrown off the road. As a result of the accident he received fatal injuries in his head, chest and other vital parts of his body. He was immediately brought to A.G.M.C and G.B.P Hospital at Agartala where he succumbed to his injuries on the following day. The victim was 38 years old at the time of accident and he was serving as a Panchayat Secretary under the Government of Tripura.

(3.)Having lost the only breadwinner of the family, his wife, mother and two daughters filed an application under Sec. 166 M. V. Act claiming compensation. In their petition they impleaded the owner of the offending vehicle as respondent No.1 and the appellant-insurer as respondent No.2.
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