For vs For
2021 Latest Caselaw 967 Tri

                                     1



                         HIGH COURT OF TRIPURA
                               AGARTALA

                           MAC App No.37 of 2021

For Appellant(s)     :      Ms. S.Deb(Gupta), Adv.

For Respondent(s):          None

                                BEFORE

      THE HON'BLE MR. JUSTICE S. G. CHATTOPADHYAY

                                   ORDER

24.09.2021

[1] This appeal has been filed under Section 173(1) of the MV

challenging the award dated 28.04.2021 passed by the Motor Accident

Claims Tribunal, West Tripura, Agartala (Tribunal No.2) in

T.S(MAC)141 of 2016 whereby the tribunal awarded compensation of

a sum of Rs.19,84,000/- with 6% annual interest thereon and saddled

the appellant insurance company with the liability of paying the said

compensation to the claimant.

[2] The appellant has challenged the said award of the

Tribunal on various grounds. One of the grounds of appeal is that the

Tribunal did not appreciate the fact that it was a case of composite

liability because two vehicles were involved in the said accident. But

no liability was fixed on the other vehicle involved in the said accident.

Counsel therefore, urges the court to admit the appeal for hearing.

[3] Considered the submissions of Ms.S.Deb(Gupta), learned

counsel appearing for the appellant insurance company.

Perused the record including the impugned judgment

passed by the appellant insurance company.

The appeal stands admitted subject to payment of 50% of

the award along with the annual interest accrued thereon by the

Tribunal.

[4] The said amount shall be deposited by the appellant within

6 weeks from today with the Registry of this court. On deposit, 40% of

the said amount shall be invested in a term deposit for a period of 01

year in the name of the claimant in any nationalized bank and 10% of

the said amount shall be released in favour of the claimant.

[5] Notice shall be issued to the respondents returnable on

24.11.2021. Steps be taken by the appellant for service of notice on the

respondent within a period of 5 days.

[6] Call for the LC Record. Paper book shall be prepared soon

after the LC record is received.

[7] It is pointed out by Ms.Deb(Gupta), learned counsel that

the name of the respondent No.6 in the memo of appeal has been

inadvertently typed as 'Sajal Tanti' instead of 'Kajal Tanti'. The actual

name of respondent no.6 is 'Kajal Tanti' which may also be found in

the judgment of the Tribunal. It appears to the court that same

respondent has been named as Kajal Tanti in the impugned judgment.

Therefore, the name of the respondent No.6 shall be corrected as 'Kajal

Tanti' in place of 'Sajal Tanti' and corrected copy of the memo of

appeal shall be submitted by the appellant before the notice is issued.

List the matter on 24.11.2021.

JUDGE

Saikat Sarma, PA.