MAC App. No. 59/2015. Case: Roitualiani Darlong and Ors. Vs Bani Sarkar Saha and Ors.. Tripura High Court
| Case Number | MAC App. No. 59/2015 |
| Counsel | For Appellant: P.S. Roy, Advocate and For Respondents: K. Bhattacharjee, Advocate |
| Judges | T. Vaiphei, C.J. |
| Issue | Motor Vehicles |
| Judgement Date | Monday January 16, 2017 |
| Court | Tripura High Court |
Judgment:
T. Vaiphei, C.J., (At Agartala)
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Heard Mr. P.S. Roy, the learned counsel for the appellants. Also heard Mr. K. Bhattacharjee, the learned counsel for the insurance company.
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The appellants are aggrieved by the judgment dated 16.07.2015 passed by the learned Member, Motor Accident Claims Tribunal, Court No. 2, West Tripura, Agartala in Title Suit (MAC) Case No. 150/2013 awarding Rs. 6,65,250/- to the appellant No. 1 after making deduction to the extent of 50% for the contributory negligence of the deceased.
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The facts giving rise to the appeal may be briefly noted at the outset. On 27.02.2013 at about 3.00 p.m., the deceased (J.T. Vanneisanga Darlong) was proceeding from Kumarghat towards Pacharthal by the left side of Assam-Agartala road in a motor bike bearing registration No. TR02-B-7954. When he reached near SDM Office at Kumarghat, he stopped his motor bike and parked it by the side of the road and was about to proceed towards SDM Office on foot when, according to the appellants, one mini bus bearing registration No. TR01-A-1293 coming from Dharmanagar side with excessive speed driven in a rash and negligent manner dashed against him and his motor bike lying on the road. As a result, the deceased sustained serious injuries on his person and subsequently, succumbed to his injuries. The deceased was found by the Tribunal to 28 years old at the time of the accident and is survived by his mother, two sisters and one brother. The appellants...
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