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S.TALAPATRA
National Insurance Company Limited, represented by its Divisional Manager – Appellant
Versus
Ashalata Bhowmik, wife of Sri. Haripada Bhowmik – Respondent
This is an appeal under Section 173 of the Motor Vehicles Act from the judgment and award dated 25.11.2014 delivered in T.S.(MAC) 382 of 2012 by the Motor Accident Claims Tribunal, West Tripura, Agartala, Court No.1.
2. Without projecting any direct challenge against the basic fact of the accident, the appellant has raised two pronged objections viz.,
(i) When the accident occurred for negligence of the insured being the owner of the vehicle can he be entitled to get compensation under Section 166 of the MV Act ?
(ii) Whether the insurer in such circumstances can be fastened with the liability to pay the compensation, if any?
3. It has not been disputed by the appellant that on 20.05.2012 at about 7.30 p.m. in the evening, while one Dilip Bhowmik was returning home from Kathaltali by driving his vehicle bearing No TR-01-U-0530, he met an accident on the bye-pass under Amtali Police Station. From the said accident, he sustained grievous injuries on his person. He was rushed to the TMC & Dr. B.R. Ambedkar Memorial Teaching Hospital, Hapania, but from there he was referred to the AGMC & GBP Hospital, Agartala. The Medical Officer of that hospital declared him dead. At th
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