For The vs For
2022 Latest Caselaw 620 Tri

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                  HIGH COURT OF TRIPURA
                        AGARTALA

                       MAC App. No. 44 of 2022

For the Appellant(s)       :      Mr. P. K. Ghosh, Advocate
For Respondent(s)          :      None

HON'BLE MR. JUSTICE ARINDAM LODH Order

01/07/2022

Heard Mr. P. K. Ghosh, learned counsel appearing for the appellant-Insurance Company.

This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and award dated 23/3/2021 passed in Case No. TS(MAC) 233 of 2015 by the Ld. Motor Accident Claims Tribunal, Tribunal No. 2, West Tripura, Agartala.

Upon hearing the learned counsel, I find no ground to admit this appeal.

Mr. P. K. Ghosh, learned counsel has submitted that in the charge- sheet police has written that the deceased was at fault.

On query by this court, Mr. Ghosh, learned counsel has submitted that the Insurance Company has not adduced any evidence to substantiate their defence, and they only had relied upon the observations made by the Investigating Officer in the charge-sheet.

In the opinion of this court, a Motor Accident Claim is decided on the basis of the merits of the pleas taken by the claimant as well as the

opposite parties including the Insurance Company. The parties have to substantiate their pleas by adducing evidence.

The contents of the charge-sheet cannot form the basis to adjudicate and decide the merits of the Motor Accident Case.

In view of this, as I have said earlier, I do not find any ground to admit this appeal.

Accordingly, the appeal stands rejected at this stage.

JUDGE

Snigdha