JUDGMENT :

This appeal has been filed by the insurer of the offending vehicle under section 173(1) of the Motor Vehicles Act, 1988 challenging the award dated 07.09.2019 passed by the Motor Accident Claims Tribunal No.3, West Tripura, Agartala in T.S.(MAC) 238 of 2016 whereby and whereunder compensation of a sum of Rs.30,42,721/- along with 9% annual interest from the date of presentation of the claim till disbursement of the amount was awarded to the claimant respondent No.1 for sustaining disability from a road traffic accident which occurred on 15.09.2016 at Champaknagar in Teliamura Sub Division.

[2] It would emerge from the Memo of Appeal submitted by the appellant that the appeal has been filed mainly on the following grounds:

(i) The tribunal failed to appreciate that no evidence was adduced to establish negligence of the driver of the offending vehicle. Rather it was established from the police report submitted under section 173 Cr.P.C that the accident occurred due to contributory negligence on the part of the claimant respondent.

(ii) Tribunal erroneously saddled the appellant insurance company with the liability of paying compensation to the injured without considering the f