NATIONAL INSURANCE COMPANY LIMITED Vs. SUDHANGSHU SHIL
HIGH COURT TRIPURA
NATIONAL INSURANCE COMPANY LIMITED
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AKIL KURESHI,CJ. -
(1.)This appeal is filed by the insurance company to challenge an award dated 12.03.2019 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala in case No.T.S.(MAC) 217 of 2017. Brief facts are as under:
(2.)One Gita Debnath aged about 44 years, was travelling on foot in the early morning hours on 24.11.2017 at about 6-30 a.m. She was going from her house towards Ranirbazar area in Agartala town. Near Ghoramara bridge, she was knocked out by a vehicle causing serious injuries. The passersby shifted her to a nearby hospital where she was declared dead. Deceased was a Government teacher on the date of the accident. She was survived by her husband and two minor children who filed the above mentioned claim petition seeking compensation of Rs.80,40,000 from the owner and insurer of Maruti Alto motor car which according to them was involved in the accident. Before the Claims Tribunal insurance company harboured some doubt about the involvement of the vehicle in question in the accident. Insurance Company carried out its own private investigation. The investigator was examined before the Claims Tribunal. His report was produced. On behalf of the claimants, one Kamal Saha was examined as PW-2 who claimed to be the eye witness of the accident and had given the details of the vehicle in question involved in the accident.
(3.)The Tribunal raised following 2(two) issues for its consideration:
"(i) Whether Gita Debnath, wife of petitioner No.1 and mother of both petitioners No.2 and 3, succumbed to her injury sustained in a vehicular accident occurred on 24.11.2017 near Ghoramara bridge at Ranirbazar on Assam-Agartala Road under Ranirbazar P.S. West Tripura District due to rash and negligent driving of vehicle bearing No.TR-01-U-0409 (maruti car) by its driver.
(ii) Whether the claimant petitioners are entitled to get compensation, if so, upto what extent and who shall be liable to pay the same. "
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