NATIONAL INSURANCE COMPANY LIMITED Vs. MALEK MIAH
HIGH COURT TRIPURA
NATIONAL INSURANCE COMPANY LIMITED
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T.AMARNATH GOUD -
(1.)This is an appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 against the impugned judgment and award dtd. 18/9/2021 passed by the learned Motor Accident Claims Tribunal No.1, West Tripura, Agartala, in Case No.TS.(MAC) No.254 of 2016 and staying of the operation of the impugned judgment and award dtd. 18/9/2021. Further not to proceed with any execution proceeding if any filed by the claimant respondents in the meantime, till disposal of the present appeal.
(2.)The fact of the case, in brief, is that, on 25/2/2015 the victim Sahara Khatun alias Sayera Begum as a gratuitous passenger went to Indranagar, Agartala boarding vehicle bearing No.TR-01-AQ-0228(Maruti Alto 800) for participating in a religious function of the Muslim Community. On the way back home, when the vehicle reached Ranirbazar, Nalgaria, on Assam-Agartala Road, at about 0.15 hrs of 26/2/2015, while giving pass to another vehicle dashed against a tree on the left side. As a result, Sahara Khatun alias Sayera Begum and the passengers in the said vehicle sustained serious injuries. With the help of the local people and fire service, they were taken to Ranirbazar PHC, wherefrom they were referred to AGMC and GBP Hospital, Agartala, where the attending doctors declared her dead. Out of the said accident, a police case was registered in Ranirbazar P.S. as Ranirbazar P.S U.D. Case No.02 of 2015, under Sec. 174 of Cr.P.C. following GDE No.960.
(3.)Subsequently, a claim petition was filed by the claimant-respondents claiming compensation to the tune of Rs.10,92,000.00 for the death of Sahara Khatun@ Sayera Begum being the wife of the respondent No.1 in a vehicular accident occurred on 26/2/2015.
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