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2020 Supreme(Tri) 20

AKIL ABDUL HAMID KURESHI
Namita Sarkar – Appellant
Versus
Shantalal Debbarma – Respondent


Advocates Appeared:
For the Appellant :S. Deb (Gupta) and Rajib Saha, Advocates
For the Respondents:Raju Datta, Rajib Saha, I. Banik and S. Deb (Gupta), Advocates

JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. This appeal and cross-objections arise out of the award of the Motor Accident Claims Tribunal, West Tripura, Agartala, dated 6th February, 2019. Appeal is filed by the original claimants. They seek enhancement of the compensation awarded by the Claims Tribunal. Cross-objections are filed by the insurance company. Insurance company wishes that it should be absolved of the liability to satisfy the award.

2. These proceedings arise in following background:

    On 28th February, 2016 one Rakhal Sarkar aged about 54 years, a Government servant, was proceeding on foot at about 6.00 p.m. on Salbagan - Chanmari Road situated within New Capital Complex Police Station, Agartala. Near Chanmari Class - XII School he was knocked down by a speeding motorcycle. According to claimants as well as insurance company, the said motorcycle at the time of accident was driven by one Tushar Debbarma, a young boy aged about 16 years and who obviously did not have a valid driving licence to ride the said motorcycle. The deceased left behind his widow and two children, a son and a daughter as his dependants. They filed a claim petition before the Claims Tribunal seeking comp

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