State of Tripura, Represented by the Superintendent of Police v. Krishnendu Malakar
2015-08-04
DEEPAK GUPTA
body2015
DigiLaw.ai
JUDGMENT : This appeal by the State is directed against the award dated 25.04.2011 passed by the learned Motor Accident Claims Tribunal, South Tripura, Udaipur in Case No.T.S. (MAC) 11 of 2010 whereby, he awarded a sum of Rs.2,07,000/- along with interest in favour of the claimant and held the State of Tripura and the Oriental Insurance Company Ltd. liable to pay the same in equal shares. 2. The undisputed facts are that the claimant was driving a motor cycle bearing No.TR-03-A-8943, which belonged to his father. This motor cycle had a head on collision with Maruti Gypsy (jeep) owned by the State of Tripura bearing No.TR-03-1005. The claimant filed claim petition alleging that the accident occurred due to the rash and negligent driving of the driver of the jeep. The State contested the petition. The learned Tribunal held that the drivers of both the vehicle are equally responsible for the accident. 3. Only the two drivers appeared in the witness box. No independent witnesses were examined. It was a case of head on collision and therefore there is no error in the award. 4. As far as quantum is concerned, the amount has been awarded keeping in view the bills and documents produced and the amount spent itself is about Rs.91,000/-. The amount of compensation cannot be said to be excessive and therefore, I find no error in the same. I may make it clear that I am not deciding the issue as to whether the insurance company of the motor cycle could have been held liable to pay the amount or not because the said insurance company has not filed any appeal challenging the award. 5. Therefore, I find no merit in the appeal, which is accordingly dismissed. 6. Send down the lower court records forthwith.