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2018 Supreme(Tri) 155

ARINDAM LODH
United India Insurance Company Ltd. , Represented by its General Manager Agartala – Appellant
Versus
Manir Hossian, S/O Lt. Sarbat Ali – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. R. Purukayastha, Adv
For the Respondent: Mr. D.C. Roy, Adv

JUDGEMENT & ORDER :

1. Challenging here is the legality and propriety of the judgment and award dated 28.01.2017 passed by the learned Motor Accident Claims Tribunal Court No. 1, West Tripura Agartala in connection with the Case No. T.S (MAC) 221 of 2013.

2. Briefly stated, the appellant-Insurance Company was impleaded as opposite party No.2 in T.S. (MAC) 221 of 2013 and it contested the suit. After hearing all the parties, the Tribunal awarded Rs. 59,000/-only along with an interest @ 9 % per annum w.e.f. 27.05.2013 till the date of actual payment. The appellant-Insurance Company being the insurer of the offending vehicle was directed to make payment of the said sum of Rs. 59,000/- along with the interest in terms of the judgment of the Tribunal.

3. The main ground for preferring this present appeal is that the appellant-Insurance Company was not aware about the falsity of the discharge certificate and as such on good faith the company did neither challenge the discharge certificate before the learned Tribunal nor did verify its genuineness. After completion of the proceeding the appellant-Insurance Company through its investigator filed an application under R.T.I. and the State Publ






















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