NATIONAL INSURANCE COMPANY LTD Vs. SHANTI NAMA @ SHANTI BALA NAMA

JUDGEMENT

(1.) This appeal by the insurance company under Sec. 173 of the Motor Vehicles Act, 1988 is directed against the award dtd. 29/1/2021 passed by the Motor Accident Claims Tribunal, Sipahijala District, Bishalgarh in TS(MAC) 182 of 2016 whereby the Tribunal awarded a sum of Rs.12,86,600.00 in favour of claimant-respondent, Smt. Shanti alias Santi Bala Nama for the death of her 23 years ' old son Narayan Nama in a road traffic accident which occurred at Batanmura, Bishalgarh on 4/8/2013.

(2.) The claimant filed a petition under Sec. 166 of the Motor Vehicles Act before the tribunal alleging that on 4/8/2013 at about 9.30 p.m when her son Narayan was riding a motor bike bearing registration No. TR01-M-8927 (Hero Honda CBZ) from Sikuria Bazar to the house of the claimant, the vehicle met with an accident at Batanmura and as a result of the injuries sustained by him, he expired in G.B.P and AGMC Hospital at Agartala after few hours.

(3.) On 30/8/2013 the claimant mother of the deceased filed a written FIR with the Officer-in-Charge of Bishalgarh police station alleging, inter alia, that the accident occurred due to rash and negligent driving of the motor bike on which his son was travelling from Sikuria Bazar to his house at Karaimura. Based on her FIR, BLG P.S Case No.188 of 2013 under Sec. 279/304A IPC was registered and after investigation police submitted charge sheet against Ajit Das for offence punishable under Ss. 279 and 304A IPC for driving the offending motor bike rashly and negligently.