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2006 Supreme(Gau) 317

TINLIANTHANG VAIPHEI
Arati Chakraborty – Appellant
Versus
Nephurai Jamatia – Respondent


JUDGMENT

T. Vaiphei, J.

1. In this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to 'the Act'), the appellants seek enhancement of the amount of compensation awarded by the learned Member, Motor Accidents Claims Tribunal, Court No. 3, West Tripura, Agartala (hereinafter referred to 'the Tribunal') in his judgment and award dated 28.2.1998 in connection with T.S. (MAC) No. 123 of 1997 from Rs. 82,000 to Rs. 8,00,000 due to the death of the deceased, namely, Nepal Chakraborty. Appellant No. 1 is the wife of the deceased while the appellant Nos. 2 and 3 are his sons.

2. The material facts of the case are that on 25.12.1996 at about 8.15 a.m., while the deceased was returning home by a rickshaw along Assam-Agartala Road, the vehicle bearing No. TR 01-2081 proceeding in a high speed dashed against the rickshaw in which he was travelling. In the accident, both the deceased and the rickshaw puller sustained grievous injuries, whereupon the deceased was immediately removed to the local hospital for treatment. When he did not improve, he was referred to and taken to S.S.K.M. Hospital, Kolkata, where he died on 30.12.1996. As noted earlier, the deceased is survi
















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