SMTI. JHARNA DEB WIFE OF LATE BHUBAN DEB Vs. SRI MADHU MOG, SON OF ANGPHAI MOG
LAWS(TRIP)-2017-2-2
HIGH COURT TRIPURA
Decided on February 08,2017

Smti. Jharna Deb Wife Of Late Bhuban Deb Appellant
VERSUS
Sri Madhu Mog, Son Of Angphai Mog Respondents

JUDGEMENT

S.TALAPATRA,J. - (1.) Both this appeals being MAC(App) No. 48 of 2015 [Smt. Jharna Deb and Others v. Madhu Mog and three others] and MAC (App) No. 50 of 2015 [Smt. Ratna Saha and Another v. Madhu Mog and three others] are clustered for disposal by a common judgment, inasmuch as both the appeals are related to the same accident and those are structured on identical grounds.
(2.) These appeals are preferred by the victims of the road traffic accident which occurred on 05.12.2011 at about 9.45 pm at a place called Madhab Bari (Baskobra) when the motor bike bearing No. TR-01-H-2623 hit the persons who were, it is claimed, standing in the road side. Even the bike hit the another motor bike bearing No. TR-01-N-4967 which according to the appellants was in a stationary condition being parked in the roadside.
(3.) In the appeal being MAC (App) 48 of 2015, the judgment and award dated 13.05.2015 delivered in T.S. (MAC) 261 of 2012 by the Motor Accident Claims Tribunal, West Tripura, Agartala and in the appeal being MAC (App) 50 of 2015, the judgment and award dated 13.05.2015 delivered in T.S. (MAC) 262 of 2012 by the Motor Accident Claims Tribunal, West Tripura, Agartala have been questioned primarily on the ground that income as assessed by the tribunal is not based on the proper labour wage index. However, the fundamental challenge is directed against the decision that the payment shall be made by the owners of those two vehicles and consequential exoneration of liability of the insurers.;


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