NEW INDIA INSURANCE CO LTD Vs. BIRENDRA MOHAN DE
LAWS(GAU)-1994-7-7
HIGH COURT OF GAUHATI
Decided on July 01,1994

NEW INDIA ASSURANCE CO. LID Appellant
VERSUS
BIRENDRA MOHAN DE Respondents


Cited Judgements :-

NATIONAL INSURANCE CO LTD VS. NIRANJAN MANNA [LAWS(GAU)-1996-5-36] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. RITA DEVI [LAWS(GAU)-1997-6-21] [REFERRED TO]
OIL INDIA LTD VS. NEIL ROSE [LAWS(GAU)-2005-6-15] [REFERRED TO]
OIL INDIA LTD VS. NEIL ROSE [LAWS(GAU)-2007-8-34] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. MOHD MAQBOOL RESHI [LAWS(J&K)-1998-8-22] [REFERRED TO]


JUDGEMENT

- (1.)This appeal by the Insurance Company, namely, the New India Assurance Co. Ltd, is directed against the award dated 19-12-1991 passed by the learned Motor Accidents Claims Tribunal, West Tripura, Agartala in T.S. (MACT) 114 of 1989 .
(2.)We have heard Mr. P.K.. Dhar, learned counsel appearing on behalf of the appellant, Mr. K.N. Bhattacharjee, learned senior counsel for the owner & driver, namely, respondents No. 3&4 and Mr. A. Chakraborty, learned senior counsel appearing on behalf of the respondents No. 1 and 7, namely, the claimant respondents.
(3.)To appreciate the contentions advanced before us by the learned counsel for the parties, the facts relevant for the purpose may be shortly stated as under: On 19-/-1989 at about 10X15 A.M. a motor accident took place at a place called Bordowali (Bhattapukur) in front of the house of one Shri. Sunil Ranjan Dutta Majumder and as a consequence of that motor accident in which the Vehicle TRY-37 involved, 3 persons were killed. One of those 3 persons who died on account of that accident was Joydeep De, son of Shri Birendra Mohan De. It was alleged that the accident occurred by reason of the fact that the aforesaid vehicle was being driven rashly and negligently. The father and mother, namely, Birendra Mohan De & Smti. Chaya Rani De of deceased Joydeep De filed a claim petition claiming compensation to the tune of Rs. 10,57,000/-.


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