Cholamandalam Ms General Insurance Company Ltd. vs Bhudda Kumar Jamatia

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Tri) 311

T. AMARNATH GOUD
Cholamandalam Ms General Insurance Company Ltd. – Appellant
Versus
Bhudda Kumar Jamatia – Respondent

Advocates appeared:
R. Saha, Advocate, for the Appellant; A. Sengupta, Advocate, for the Respondents

JUDGMENT

T. Amarnath Goud, J. - This is an appeal under Section 173 of the MOTOR VEHICLES ACT , 1988 read with Section 168 of the Act, by the appellant, Insurance Company, challenging the judgment and award dated 17.06.2019 passed by the Ld. Motor Accident Claims Tribunal, No. 2, Gomati Judicial District, Udaipur, Tripura, on case No. T.S.(MAC) 18 of 2017.

2. For the sake of brevity the parties are referred to as in the cause title of T.S.(MAC) 18 of 2017. The claim petition discloses the fact that on 16.06.2016 at about 8.30 a.m deceased Brajendra Jamatia was going to his house from Rani panchayat Chowmohani on foot keeping left side of the road and at that time, a Commander Jeep vehicle bearing No. TR-01-2323 came from right side to left side and dashed the deceased resulting to grievous injuries on his various parts of body and soon after the accident the deceased was taken to Kakraban PHC and considering the gravity of injuries he was referred to AGMC & GBP Hospital, Agartala where he died due to multiple grievous injuries. In the claim petition it was specifically pleaded that the accident occurred due to rash and negligent driving of the aforesaid Commander Jeep. It was again