LAWS(TRIP)-2022-5-32

NATIONAL INSURANCE COMPANY LIMITED Vs. SABANA KHATUN

Decided On May 19, 2022
NATIONAL INSURANCE COMPANY LIMITED Appellant
V/S
Sabana Khatun Respondents

JUDGEMENT

(1.) This is an appeal under Sec. 173 of the Motor Vehicles Act, 1988, as amended till date, against the Award dtd. 28/11/18 passed by the Ld. Member, Motor Accident Claims Tribunal, South Tripura, Belonia, in case No.T.S.(MAC) 35 of 2014 whereby the Appellant (O.P No6) National Insurance Co. Ltd has been directed to pay an award amounting to Rs.18,84,400.00 (Rupees eighteen lakhs eighty four thousand and four hundred) with 7% interest from 21/3/2014 till payment is made.

(2.) For the sake of brevity the parties are referred to as in the cause title of T.S.(MAC) 35 of 2014. The case of the petitioner, as revealed from the claim petition, in short, is that on 19/7/2012 in the morning the deceased Saddam Hossein started his journey by TR-03-1719 (Canter Truck) for going to his place of work with other labourers. But when the said vehicle reached at Jharjhari at about 8.30 p.m. the deceased and another labour of the vehicle namely Prabir Choudhury fell down on the road from the said vehicle due to rash and negligent driving by the driver of vehicle No.TR-03-1719 (Canter Truck). Due to the accident the deceased sustained bleeding injury on his head. At that time, another vehicle bearing No. TR-03A-1682 (Tripper) which was coming from opposite direction took the injured and deceased for shifting them to hospital, but unfortunately when the said Tripper vehicle reached at Triprabazar at about 0900 hours the said Tripper vehicle met an accident. Subsequently, Fire Service vehicle shifted them to Belonia hospital, but the attending doctor declared him brought dead. Hence, a compensation of Rs.13,56,500.00 was prayed before the tribunal.

(3.) O.P. No.1, Sri Milan Paul, the registered owner of the offending vehicle bearing No. TR-03A-1682 in his joint written statement with O.P. No. 2 and 3 i.e. the drivers of the offending vehicles bearing No. TR-03-1719 and TR-03A-1682 stated that when the deceased had been traveling by vehicle No. TR-03-1719, at Jharjhari the back side dala of the vehicle suddenly opened and Saddam Hossein fell down on the carpet area of the road and died on spot. He was being shifted to hospital by vehicle No. TR-03A-1682, but unfortunately that vehicle also met an accident and ultimately Fire Service vehicle shifted the deceased to Belonia hospital. He also pleaded that the vehicle was driven by O.P. No.2 i.e. Gunamanik Tripura @ Gunamani having valid driving licence and the vehicle was duly insured. He further pleaded that the vehicle No. TR-03-1719 was taken from Dilip Debnath, the O.P. No. 5 and this vehicle was duly insured with the National Insurance Company Ltd. covering the date of accident.