JUDGMENT :

CHIEF JUSTICE (ACTING), J.

1. Heard Ms. M. Roy, learned counsel appearing for the appellant and also heard Mr. S. Debnath, learned counsel appearing for the respondent-insurer.

2. The present appeal is directed against the award dated 24.09.2021 passed by the learned Member, Motor Accident Claims Tribunal, North Tripura, Dharmanagar in T.S. (MAC) No. 15 of 2018 whereby the Tribunal awarded compensation of Rs.3,00,000/- in favour of the claimant with interest @ 6% per annum from the date of filing of the claim petition till realization thereof.

3. It is alleged that on 26.01.2015 at night deceased Kishotal Debnath sustained grievous injuries in a motor vehicle accident as pillion rider involving one motorbike bearing registration No. TR-02-C-6111 (Hero Honda CBZ Extreme) driven by his friend Pabitra Nath at Padmapur on Padmapur-Krishnapur main road near the brick field of Bidhu Babu. The motorbike dashed against a bicyclist namely Subhas Paul who also sustained injuries along with rider Pabitra Nath. After getting the information, the fire service staff came to the spot and shifted the injured persons to Dharmanagar District Hospital where Kishotal Debnath succumbed to his injuries. The respondent No. 1 rushed to the hospital and found the dead body of his son Kishotal Debnath lying on the bed of hospital. Subsequently, he informed Dharmanagar Police Station and police visited the place of occurrence. The deceased was aged about 22 years at the time of accident.

4. Based on the information, a case was registered against the respondent No. 2, police submitted the final report and, thereafter, further investigation was directed by the learned Chief Judicial Magistrate, North Tripura, Dharmanagar wherefrom it was revealed that deceased Kishotal Debnath succumbed to injuries due to motorbike accident at Padmapur- Krishnapur road. It was also stated that at the time of accident deceased was riding on a motorcycle bearing No. TR-02-C-6111 (Hero Honda CBZ Extreme) as pillion rider and his friend Pabitra Nath was driving the motorbike and while proceeding towards Krishnapur side from Dharmanagar town, the offending vehicle dashed a bicyclist who sustained injury and the pillion rider namely, Kishotal Debnath fell on the road and sustained grievous injury. The motorcycle rider Pabitra Nath had also sustained injury and just after the accident the motorcycle rider entered into the house of one Manilal Malakar near the place of occurrence with injured conditions and took shelter but suddenly fled- away in the dark. After getting the information the fire-service staff came to the spot and shifted the other two injured persons to Dharmanagar District where Kishotal Debnath succumbed to injuries. At this stage, this is relevant to mention the FIR which reads as follows:

“It is my humble submission to state that yesterday dated 26.01.2015 AD last, at around 6:45 pm my deceased son, Kishotal Debnath got one telephone call. When his mother asked him he replied that Pabitra from Krishnapur Pharmacy made a phone call. Immediately he went out of house riding his Hero Honda CBZ bike bearing registration No. TR-02-C-6111. That night at around 11:20 pm, it was informed over the telephone from Dharmanagar Police station to my workplace, Bagbasha Outpost that my son had met bike accident and was admitted to Hospital. After getting this information and obtaining proper permission, I went to the Dharmanagar Hospital. On reaching there I found my son, Kishotal Debnath lying dead on the bed of hospital. When I informed the Officer In-Charge of the Dharmanagar Police Station about the incident, he made spot investigat