The insurance company was held liable for compensation under the Motor Vehicles Act, with the court reaffirming the validity of the insurance policy and proper compensation assessment methodologies.

JUDGMENT

1. This appeal by the appellant insurance company is directed against the common judgment and award dated 28.07.2016 passed by the Motor Accident Claims Tribunal (No.2), West Tripura, Agartala in Case Nos. TS (MAC) 21 of 2011 and TS (MAC) 28 of 2011 whereby the appellant insurance company was held liable to pay compensation to the claimants.

2. The factual background of the case is as under: Jyotish Debbarma (deceased) was going to Lembuchera market from his house at around 3.30 pm on 23.12.2010. On the way, a speeding Tata Winger Jeep bearing registration No.TR 01-C-4191 hit him on its way from Agartala to Sidai. The victim was thrown off the road. As a result of the accident he received fatal injuries in his head, chest and other vital parts of his body. He was immediately brought to A.G.M.C and G.B.P Hospital at Agartala where he succumbed to his injuries on the following day. The victim was 38 years old at the time of accident and he was serving as a Panchayat Secretary under the Government of Tripura.

3. Having lost the only breadwinner of the family, his wife, mother and two daughters filed an application under Section 166 M. V. Act claiming compensation. In their petition they impleaded the owner of the offending vehicle as respondent No.1 and the appellant-insurer as respondent No.2.

4. Their petition was registered as TS (MAC) No.21 of 2011. During the pendency of TS (MAC) 21 of 2011, the same claimant petitioners filed another petition against the same respondents claiming compensation arising out of the death of said Jyotish Debbarma in the alleged accident which was registered as TS(MAC) 28 of 2011. Order dated 15.05.2012 passed by the Tribunal would reveal that the Tribunal stayed TS(MAC) 21 of 2011 and proceeded to decide TS(MAC) 28 of 2011 but eventually by the impugned judgment dated 28.07.2016 Tribunal decided both the matters together by the common judgment which has been challenged before this Court.

5. After the accident, wife of the deceased lodged a written FIR with the Officer-in-charge of Lefunga police station alleging, inter allia, that her husband was hit by the offending vehicle at about 3.45 pm on 23.12.2010 when he was going to Lembuchera bazaar from their house. Allegedly, the accident occurred due to rash and negligent driving of the vehicle. Immediately after the accident her husband was taken to G.B.P hospital at Agartala for treatment.

6. Based on her FIR, Lefunga P.S case No.76 of 2010 under Sections 179 and 338 IPC was registered and the case was taken up for investigation.

7. On the following day, deceased succumbed to his injuries. The post mortem examination of the deceased was done in GBP Hospital on 25.12.2011. The autopsy surgeon opined that the cause of death was coma as a result of head injury which was caused by impact of blunt force which could be seen in road traffic accident. All the injuries were ante mortem in nature and about 30 to 36 hours in duration. After completing investigation, police submitted charge sheet against accused Bishan Rudra Paul of Sidhai for having committed offence punishable under Section 279 and 304 A IPC.

8. The owner of the offending vehicle contested the case by filing written statement. It was asserted by the owner that on the date of accident the accused driver drove has vehicle with a valid driving licence. His vehicle was duly registered and it had a updated fitness ce