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2017 Supreme(Tri) 106

S.TALAPATRA
Milanti Reang, wife of Sri Jaliram Reang – Appellant
Versus
Santi Bhusan Das, son of Brajendra Chandra Das – Respondent


Advocates Appeared:
For the Appellants :Mr. P. S. Roy, Advocate
For the Respondents:Mr. S. Lodh, Advocate, Mr. S. B. Deb, Advocate

JUDGMENT & ORDER :

1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 from the judgment and award dated 19.09.2015 delivered in TS(MAC) No.125 of 2014 by the Motor Accident Claims Tribunal, West Tripura, Agartala.

2. The appellants instituted the claim under Section 166 of the Motor Vehicles Act as their son namely Joygopal Reang died in a road traffic accident which occurred on 25.01.2014 on the Kamalpur-Sanaiya road for rash and negligent driving of one Maxx vehicle bearing No.TR-04-A- 1686. When their son Joypal Reang, who was aged about 13 years was returning home on foot, walking along the left side of the road, the said accident took place. The victim was immediately taken to BSM Hospital, Kamalpur and he was immediately admitted there but on the following day i.e. 26.01.2014, he expired in the early morning. Kamalpur PS Case No.11 of 2014 was registered under Section 279/338 and 304-A of the IPC from the said accident and in these regards, there is no dispute.

3. On recording evidence, the tribunal awarded a sum of Rs.3,25,000/- with interest at 9% per annum from the date of filing of the claim petition i.e. 11.04.2014 till realization, whereas the claim of





















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