Pradip Kumar Dey vs Biswanath Sen - 2021 Supreme(Tri) 179

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Tri) 179

ARINDAM LODH
Pradip Kumar Dey – Appellant
Versus
Biswanath Sen – Respondent

Advocates appeared:
Mrs. S. Deb (Gupta), Advocate, for the Appellant; Mr. A. Gan Chaudhury, Advocate, for the Respondent

JUDGMENT

Arindam Lodh, J. - The instant appeal is directed against the Judgment and award dated 26.07.2017, passed by the learned Motor Accident Claims Tribunal(Court No.2), Agartala, West Tripura in connection with TS (MAC) 249 of 2012, for enhancement of the compensation.

2. Heard Mrs. S. Deb (Gupta), learned counsel appearing for the claimant-appellant. Also heard Mr. A. Gan Chaudhury, learned counsel appearing for the insurance company, the respondent No.2.

3. The brief facts are that the appellant herein filed an application under Section 166 of the MOTOR VEHICLES ACT , 1988 [for short MV Act] claiming compensation to the tune of Rs.73,00,000/- for his disability out of the accident occurred on 04.11.2011 on Agartala-Airport road due to rash and negligent driving of the motor cycle bearing registration No.TR03-A-4923. It is stated in the claim application that the claimant-appellant was travelling through the said motor cycle as a pillion rider at that time another motor cycle bearing registration No. TR02-A-9787 coming from the same direction at an abnormal speed dashed the motor cycle in which the claimant was travelling. Due to the said accident the appellant had suffered se