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2006 Supreme(UK) 133

ARINDAM LODH
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
HARADHAN DAS – Respondent


Advocates Appeared:
S. Lodh, Advocate, for the Appellant;
Somik Deb and S. Adhikari, Advocates, for the Respondents

JUDGMENT :

Arindam Lodh, J. - This is an appeal preferred by the National Insurance Company Limited challenging the judgment and award dated 10.05.2016 passed by the Motor Accident Claims Tribunal, Sonamura, West Tripura Judicial District in case No. T.S. (MAC) 16 of 2015 praying for dismissal of the award to the tune of Rs. 19,21,922/- only alongwith interest @8% per annum w.e.f. the date of filing of the claim petition i.e. 12.06.2015.

2. Heard Mr. S. Lodh, learned counsel appearing for the appellant as well as Mr. Somik Deb, learned counsel appearing for the claimant-respondent no.1.

3. The facts of the case, in brief, are that one Sri Haradhan Das, a driver by profession by filing a claim application under section 166 of the Motor Vehicles Act, 1988 (for short hereinafter referred to as the MV Act), claimed compensation amounting to Rs. 28,95,000/-. It is stated in the claim application that on 28.11.2014 at about 5.00 hours, when he alongwith his wife was performing morning walk at East Chandigarh area of Kakraban-Melaghar road, at that time one truck bearing registration no. TRL 2760 loaded with bamboo dashed him from behind and fell in the road side lunga. Due to the accident,

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