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BISWAJIT PALIT
National Insurance Company Limited Represented By Its Divisional Manager (In Charge) – Appellant
Versus
Mampi Goswami (Banerjee) – Respondent
JUDGMENT AND ORDER
Biswajit Palit, J. - The National Insurance Company being the appellant has preferred this appeal under Section 173 of M.V. Act challenging the award dated 06.04.2023 passed by Learned Member, Motor Accident Claims Tribunal, Court No.5, West Tripura, Agartala in connection with case No. T.S.(MAC) 199 of 2021. On the other side, the claimant-petitioners of the original claim petition have also preferred a cross-appeal under Order 41 Rule 22 of CPC for enhancement of the award dated 06.04.2023 passed by Learned Member, Motor Accident Claims Tribunal, Court No.5, Agartala, West Tripura in connection with the aforesaid case which was numbered as CO(FA) No.22 of 2023. Since, both the appeals have arisen out of a common judgment, so, by this judgment, both the appeals are taken up for disposal.
2. Heard Learned Senior Counsel, Mr. S. Kar Bhowmik assisted by Learned Counsel Mr. E. Darlong and Mr. N. Debnath for the appellant Insurance Company. Heard Learned Counsel, Mr. A. K. Pal appearing on behalf of the respondent-claimant Nos.1 to 3 and also heard Learned Counsel, Mr. H. K. Bhowmik, representing O.P. respondent Nos. 4 and 5, being the owner and rider/driver of the off
The court established that civil liability in motor accident claims is determined independently of criminal proceedings, emphasizing the need for clear evidence of negligence.
Appellate courts can enhance compensation in motor accident claims even without a cross-appeal, where just compensation principles apply, considering established evidence of income and deductions.
In compensation claims under the Motor Vehicles Act, negligence can be established based on the preponderance of probabilities, not requiring direct evidence.
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