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Tripura High Court · body

2017 DIGILAW 88 (TRI)

Sanjoy Kumar Das, son of Sri. Santosh kumar Das v. Rabindra Sabar, son of Sri. Lalit Sabar

2017-02-02

S.TALAPATRA

body2017
JUDGEMENT AND ORDER : Heard Mr. A. Das, learned counsel appearing for the appellant as well as Mr. P. Gautam, learned counsel appearing for the respondent no.2, National Insurance Company Limited and Mr. S. Lodh, learned counsel appearing for the respondent no.1. 2. This is an appeal under Section 173 of the Motor Vehicles Act by the owner of the vehicle as by the impugned judgment and award dated 13.01.2015 delivered in T.S (MAC)12 of 2013, the damage has been quantified and the owner of the vehicle has been directed to pay Rs.57,589/- out of the total compensation as assessed at Rs.63,589/-. The National Insurance Company Limited being the insurer of the vehicle bearing No. TR-01-C-2281 which caused damage to the third party property, has been directed to pay the remainder of the award i.e. Rs.6,000/- to the owner of the property, the claimant namely Sri Rabindra Sabar. The damage was registered on 24.01.2011 at Singhicherra under Khowai police station. The said vehicle is responsible for the damage. 3. Mr. Das, learned counsel appearing for the appellant has submitted that the said vehicle was covered by the package policy, provided by the respondent no.2 and as such the respondent no.2 is wholly liable to pay the entire compensation as quantified by the tribunal. 4. Mr. Gautam, learned counsel appearing for the respondent no.2 has acceded that the vehicle was covered by a package policy provided by the respondent no.2. Hence under the terms and conditions of the said package policy, the damage as caused to the third party property has to be made good by the insurer. 5. In view of the above, the appeal stands allowed. The respondent no.2 is directed to pay the entire award within 45 (forty five) days from today in the tribunal, if not already paid. The respondent no.1, the claimant, shall be entitled to receive the entire amount with interest @9% per annum from 13.09.2013, the day of filing the claim petition till the payment is made. The statutory deposit made by the appellant shall be refunded by the Registry in accordance with the procedure. Send down the LCRs forthwith.