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2016 Supreme(Tri) 390

S.TALAPATRA
State of Tripura – Appellant
Versus
Abdul Kadir, son of Abdul Aziz – Respondent


Advocates Appeared:
For the Appellants : Mr. B. Dutta
For the Respondents: Mr. S. Lodh, Mr. B. Saha

JUDGMENT :

Heard Mr. B. Dutta, learned counsel appearing for the appellants as well as Mr. S. Lodh, learned counsel appearing for the claimant-respondent and Mr. B. Saha, learned counsel appearing for the non-claimant proforma-respondent.

2. This is an appeal under Section 173 of the Motor Vehicle Act from the judgment and award dated 20.05.2014 delivered in T.S. (MAC) 137 of 2012 by the Motor Accident Claims Tribunal, Court No.4, West Tripura, Agartala.

3. The claimant-respondent’s claim arises from the accident that had taken place on 14.06.2009 at about 8.10 a.m., when Abdul Ajij [now deceased] father of the respondents No.1 and 2 was proceeding towards his house on foot, at Khayerpur on Assam Agartala Road, the vehicle bearing No.TR01D1113 (Maruti Ambulance) being driven rashly and negligently knocked Abdul Ajij down. As a result, Abdul Ajij sustained severe injuries on his person and he succumbed to his injuries on 16.06.2009 in the hospital. According to the claimant-respondents, his income was Rs.3000/- as the Imam of a mosque at Dalura.

4. The claim petition was filed by the respondent No.1 under Section 163 A of the Motor Vehicle Act for getting compensation for no fault liabi







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