CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. Vs. RINKU SEN (DUTTA)
HIGH COURT TRIPURA
Cholamandalam Ms General Insurance Company Ltd.
Rinku Sen (Dutta)
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AKIL KURESHI,CJ. -
(1.)This appeal is filed by Cholamandalam M/S General Insurance Company Ltd. to challenge an award dated 06.10.2018 passed by Motor Accident claims Tribunal No.2, Gomati Judicial District, Udaipur in Case No. T.S. (MAC) 86 of 2014. This appeal is pressed on the ground of negligence of the driver of the vehicle insured by the appellant-insurance company as well as on quantum of compensation awarded by the Claims Tribunal.
(2.)On 11.03.2014 one Arun Kumar Dutta was travelling in an auto rickshaw along with two co-passengers when their vehicle collided with a truck coming from the opposite direction. The appellant is the insurer of the said truck involved in the accident. Arun Kumar Dutta received serious bodily injuries causing his death. His dependants i.e. his wife, son and aged mother filed above mentioned claim petition seeking compensation of Rs.26,50,000/- from the owner and insurer of the truck involved in the accident.
(3.)Before the Claims Tribunal, claimant No.1, widow of the deceased was examined as P.W.1. She stated that her husband was aged about 57 years on the date of accident. He was serving as an Assistant Teacher under the Education Department of State of Tripura and drawing a monthly salary of Rs.30,627/-. She was not an eye witness to the accident and therefore, her assertion that the accident took place on account of rash and negligent riding of the truck, would be of no use.
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