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2021 Supreme(Tri) 9

S.G.CHATTOPADHYAY
Gobinda Debbarma, Son of Late Bhaghyamani Debbarma – Appellant
Versus
Ranjit Majumder – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A. Nandi, Advocate.
For the Respondent:Mr. B. Majumder, Advocate.

JUDGMENT :

1. Being dissatisfied with the quantum of compensation granted by MACT (Court No.4), West Tripura, Agartala in TS (MAC) 98 of 2014 and the method used for awarding the compensation, aggrieved appellant has filed the present appeal under section 173 of the Motor Vehicles Act, 1988 (MV Act for short) for enhancement of compensation.

2. The factual background of the case is as under: On 17.11.2013 at about 5 O’clock in the evening appellant Gobinda Debbarma was going to a grazing field called Dhanmura in his village from his home to bring back his cow from the grazing field. On the way, the offending vehicle carrying registration No. TR-01-W-1539 (Tripper Truck) hit him. As a result, he sustained injuries. Immediately after the accident said Gobinda Debbarma was shifted to AGMC & GBP hospital at Agartala in a very critical condition. His brother Rabipada Debbarma reported the matter to police by lodging a written FIR at Melagarh police station on 22.11.2013. The informant alleged in his FIR that the accident took place as a result of rash and negligent driving of the vehicle.

3. Based on the FIR, Melagarh PS case No. MLG 147 of 2013 under sections 279 and 338 IPC was registere

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