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2017 Supreme(Tri) 51

T.VAIPHEI
United India Insurance Co. Ltd. – Appellant
Versus
Dulal Chandra Das S/o Late Bipin Chandra Das – Respondent


Advocates Appeared:
For the Appellant : Mr. P. Gautam.
For the Respondent: Mr. Alik Das.

JUDGMENT AND ORDER :

1. In this appeal, the appellant-insurer is questioning the legality of the judgment dated 7.12.2012 passed by the learned Member, Motor Accident Claims Tribunal, Sonamura, West Tripura in TS (MAC) No. 24 of 2012 awarding a sum of Rs. 17,65,730/- together with interest @ 8% per annum to the claimant-respondent on the ground that the award is excessive and unjust.

2. The facts giving rise to this appeal may be briefly noticed at the outset. It is the case of the claimant-respondent that in the morning of 21.3.2012, the claimant-respondent was returning home from Kemtali market in an autorickshaw bearing registration number TR-01-C-2254 along Kemtali-Durlabnarayan Road. As the auto-rickshaw was driven by the driver in a rash and negligent manner on the wrong side of the road and pushed the brake which forced his leg out of the vehicle as a result of which the leg guard of the motor bike coming from the opposite direction struck at his right leg knee. Consequently, he sustained grievous injuries on his right leg. He was immediately taken to GB Hospital, Agartala and was admitted there. Due to the accident, he suffered fracture of right femur shaft along with vascula





























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