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2005 Supreme(Gau) 237

I.A.ANSARI
Oriental Insurance Co. Ltd. – Appellant
Versus
Bina Bhattacharjee – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: B. Bhattacharjee, Adv.
For Respondents/Defendant: M. Kar Bhowmick, S. Adhikari and B.C. Das, Advs.

JUDGMENT

I.A. Ansari, J.

1. I have heard Mr. K. Bhattacharjee, learned counsel for the petitioner, and Mr. P.S Deb, learned counsel appearing on behalf of the respondents.

2. By the impugned award, dated 18.12.1999, passed in TS (MAC) No. 456/96, the learned Member, Motor Accident Claims Tribunal, West Tripura No. 2, Agartala, has awarded a sum of Rs. 3,24,000 as compensation in favour of the claimant for the injuries sustained by him in a motor vehicular accident. Feeling aggrieved, the insurer of the offending vehicle has challenged the award in this writ petition.

3. The facts giving rise to the present writ petition may, in brief, be stated as follows:

The claimant (since deceased) made an application under Section 166 of the Motor Vehicle Act (hereinafter referred to as 'the MV Act'), his case being, in brief, thus: On 17.10.1995, when the claimant was boarding into the bus No. TR 01-2745 at Motor Stand Road, Agartala, the driver of the said vehicle, without taking care as to whether all the passengers had fully boarded into the bus or not, suddenly, geared up the speed of the vehicle and started driving the same very rashly and negligently. Unable to maintain his balance, the clai











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