NATIONAL INSURANCE COMPANY LIMITED Vs. SMT. ASHALATA BHOWMIK
LAWS(TRIP)-2017-3-2
HIGH COURT TRIPURA
Decided on March 15,2017

NATIONAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Smt. Ashalata Bhowmik Respondents

JUDGEMENT

S.TALAPATRA,J. - (1.) This is an appeal under Section 173 of the Motor Vehicles Act from the judgment and award dated 25.11.2014 delivered in T.S.(MAC) 382 of 2012 by the Motor Accident Claims Tribunal, West Tripura, Agartala, Court No. 1.
(2.) Without projecting any direct challenge against the basic fact of the accident, the appellant has raised two pronged objections viz., (i) When the accident occurred for negligence of the insured being the owner of the vehicle can he be entitled to get compensation under Section 166 of the MV Act ? (ii) Whether the insurer in such circumstances can be fastened with the liability to pay the compensation, if any?
(3.) It has not been disputed by the appellant that on 20.05.2012 at about 7.30 p.m. in the evening, while one Dilip Bhowmik was returning home from Kathaltali by driving his vehicle bearing No TR-01-U-0530, he met an accident on the bye-pass under Amtali Police Station. From the said accident, he sustained grievous injuries on his person. He was rushed to the TMC and Dr. B.R. Ambedkar Memorial Teaching Hospital, Hapania, but from there he was referred to the AGMC and GBP Hospital, Agartala. The Medical Officer of that hospital declared him dead. At the time of accident, the deceased was aged about 43 years and he was carrying on business of coal. His monthly income has been asserted to be Rs.15,000/- per month. The dependants and the legal heirs filed the claim petition under Section 166 of the Motor Vehicles Act claiming Rs.68,15,000/- as the compensation from the insurer, the appellant herein. The appellant by filing the written statement seriously disputed the claim. On the face of such objection, the following issues were framed by the tribunal for adjudication of the claim: "(1) Did Dilip Bhowmik sustain any injury on 20.05.2012 at about 7.30 near the Agartala Railway Bridge (Amtali Byepass) in a Road Traffic Accident involving the Car bearing no.TR-01-U-0530 (Indica) driven by him being the owner resulting in his death the same day? (2) Are the claimants entitled to be compensated under the provisions of the M.V. Act, 1988? If so, to what extent and who shall be liable to pay the same?" ;


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