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2016 Supreme(Tri) 251

T.VAIPHEI
Dhanabi Chakma – Appellant
Versus
Birendra Kumar Nath – Respondent


Advocates Appeared:
For the Appellants : Mr. D.C. Saha, Mr. P.B. Chakma
For the Respondents: Mr. K. Bhattacharji

JUDGMENT :

Dissatisfied with the quantum of compensation awarded by the learned Member, Motor Accident Claims Tribunal, Dharmanagar, North Tripura in his judgment dated 7-6-2012 of Title Suit (MAC) No. 66 of 2011, this appeal has been preferred by the appellants for enhancement.

2. The facts giving rise to the appeal may be briefly noticed at the outset. The appellant No. 1 is the wife of the deceased (late Mongal Kanti Chakma), who met with a vehicular accident on 21-1-2011 when he was returning home after visiting Pukzing village; he was knocked down by a speeding TATA Truck (407) bearing registration number TR-02/C-1604, which was driven in a rash and negligent manner. As a result of the accident, he sustained fatal injuries and died on the spot. The deceased is survived by the appellant No. 1 and his two children, namely, the appellant No. 2 and 3, who, as his legal representatives, filed the claim petition for payment of compensation amounting Rs.24,00,000/- for the death of the deceased. The respondents contested the claim petition and filed their respective written statements denying all the allegations made therein. At the conclusion of the trial, the learned Member by the im



























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