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2017 Supreme(Tri) 303

S.TALAPATRA
Baby Das W/o Lt. Subhash Ch. Das – Appellant
Versus
Rajib Kar S/o Sri. Krishnadas Kar – Respondent


Advocates Appeared:
For the Appellant : Ms. S. Choudhury.
For the Respondent: Mr. P. Gautam.

JUDGMENT AND ORDER :

1. Heard Ms. S. Choudhury, learned counsel appearing for the claimant-appellants as well as Mr. P. Gautam, learned counsel appearing for the respondent No. 2, National Insurance Company Limited. None appears for the respondent No. 1 despite due notice from this Court.

2. This is an appeal under Section 173 of Motor Vehicle Act, 1988 from the judgment dated 18.05.2016 delivered in T.S. (MAC) No. 135 of 2011 by the Motor Accident Claims Tribunal, No. 3, West Tripura, Agartala. By the said judgment the claim raised by the claimant-appellants for death of one Subhas Chandra Das in road traffic accident under Section 166 of the Motor Vehicle Act, 1988 was dismissed holding inter-alia that the claimant-appellants failed to prove that the road traffic accident that occurred on 30.01.2011 at about 9.00 to 9.30 a.m. near Gokulnagar B.S.F. camp on Agartala- Bishalghar road under Bishalghar Police Station did not happen for rash and negligent driving of the vehicle bearing No. TR-01-U-0215 [TATA Indica].

3. There is no dispute that on 30.01.2011 the said vehicle was under valid insurance coverage provided by the respondent No. 2 herein. The Tribunal, after considering the ev
































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