GAUTAM KUMAR ROY Vs. BIJOY BHOWMIK
HIGH COURT TRIPURA
GAUTAM KUMAR ROY
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Sanjay Karol -
(1.)The owner of the vehicle bearing registration No.TRL - 2928(Truck) lays challenge to the impugned award dtd. 16/12/2017 passed by learned Member, Motor Accident Claims Tribunal (Court No.1), West Tripura, Agartala, in case No. TS(MAC) 358/2011 titled as Shri Bijoy Bhowmik v. Sri Ajoy Debnath and Ors., on the ground that the said vehicle was never involved in the accident and that the fitness certificate issued by the garage owner; the FIR; the investigation report as also the averments made by the claimant in the claim petition are false, fabricated and incorrect.
(2.)According to him, only one vehicle i.e TR-01-3648 (Jeep) was involved in the accident which alone was seized by the police. Further, fault being that of driver of the said vehicle liability for payment of compensation to the injured, who was travelling in the said vehicle, could have been fastened only upon the driver/owner or insurer of that very vehicle. Also findings of involvement of both the vehicles i.e. the "Truck" and the "Jeep," returned by the Tribunal, are perverse and erroneous.
(3.)Having perused the material as made available during the course of hearing, this Court is not inclined to interfere with the impugned award for there is nothing illegal or perverse about the same. The appellant does not dispute occurrence of the accident though emphatically denies involvement of his vehicle i.e. the Truck. Record revels that on 5/11/2010 an FIR being No.161/2010 was registered at Bishalgarh Police Station under Sec. 279/338 IPC. The complainant being one Amal Kr. Ghosh who alleged involvement of two vehicles i.e. bearing Nos.TRL2928 (Truck owned by the appellant) and TR01-3648 (Commander Jeep) in the accident.
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