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2016 Supreme(Tri) 110

DEEPAK GUPTA
National Insurance Company Ltd. – Appellant
Versus
Subi Chandra Tripura – Respondent


Advocates Appeared:
For the Appellants :Mr. S. Lodh, Advocate
For the Respondents:Mr. S. Deb, Sr. Advocate, Mr. S. Datta, Advocate

JUDGMENT :

This appeal by the Insurance Company is directed against the award dated 22-06-2015 passed by the learned Motor Accident Claims Tribunal, Gomati District, Udaipur in case No. T.S.(MAC) 58 of 2013 whereby the learned Tribunal awarded a sum of Rs.96,600/- along with interest in favour of the claimant.

2. The petitioner Subi Chandra Tripura filed a claim petition in which it was alleged that on 26.12.2012 he had boarded one Mini Bus bearing registration No.TR-03-1284 and this bus overturned on the roadside near the church between Kalachara and Taikumba on Agartala-Sabroom National Highway. In the claim petition, it was also mentioned that the petitioner along with many others was traveling by boarding the vehicle in question to attend a meeting of the CPI(M) party when the accident took place due to the rash and negligent driving of the driver of the vehicle.

3. Sri Sanju Kumar Sen, the owner of the Mini bus filed a reply which is very evasive in nature. In para-3 of the reply, it is denied that any alleged accident occurred on 26.12.2012 at 4-30 p.m. in between Kalachara and Taikumba near the church on the northern side of Kalachara hospital on Agartala-Sabroom road. All th










































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