NATIONAL INSURANCE COMPANY LIMITED Vs. SIMA DAS
HIGH COURT TRIPURA
NATIONAL INSURANCE COMPANY LIMITED
Click here to view full judgement.
SANJAY KAROL,J. -
(1.)The insurer lays challenge to the impugned award on the ground that the tribunal has erred in fully appreciating the materials placed on record by the parties, which in turn has led to the passing of the perverse award. Elaborately, it is argued that the claimant had placed on record the documents pertaining to the criminal proceedings arising out of the very same, accident wherein the rider of the motor cycle was named as Partha Debnath, whose driving license was not placed record, thus, resulting into the breach of conditions of the insurance policy, thus absolving the insurer from any liability.
(2.)It is not in dispute that motor cycle bearing registration No. TR-03-C-8917 owned by one Joy Saha, was insured with the present insurer. It is also not in dispute that the said vehicle was involved in an accident which took place on 20/9/2019, as a result of which one Uttam Das sustained injuries and expired. It also not in dispute, that the claimants of the said deceased person filed a claim petition under Sec. -166 of the Motor Vehicles Act.
(3.)Noticeably, in the claim petition, the claimants impleaded Partha Debnath as the owner of the vehicle. But however, the petition was amended with Joy Saha being impleaded as the owner of the said vehicle. The claimants are not witnesses to the occurrence of the accident. They impleaded Partha Debnath as an owner only on the basis of the information which they received from police record.
Copyright © Regent Computronics Pvt.Ltd.