High Court Of Tripura vs For
2022 Latest Caselaw 627 Tri

                          HIGH COURT OF TRIPURA
                                  AGARTALA
                             MAC App. 39/2022
         For Appellant(s)       :    Mr. B. Majumder, Advocate
         For Respondent(s)      :    None

HON'BLE MR. JUSTICE ARINDAM LODH Order 04/07/2022 Heard Mr. B. Majumder, learned counsel appearing for the appellant. The appellant, Oriental Insurance Company Limited has preferred the instant appeal challenging the legality and propriety of the judgment and award dated 11.02.2022 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala, Court no. 2 in case no. C.M. 01 of 2022 arising out of T.S. (MAC) 12 of 1995. The only ground urged by the appellant is that the deceased died out of extremist attack while he was travelling by the vehicle concerned. Since according to insurance company it was not an accident, so, the insurance company is not liable to pay the compensation. Considering the settled proposition of law, I reject this proposition of the insurance company.

Accordingly, the appellant-insurance company is directed to pay the entire awarded amount in favour of the claimant-respondent alongwith interest @6% per annum from the date of filing of the claim petition. With the aforesaid observation and direction, the instant appeal stands dismissed. Interim application(s), if any, also stands disposed.

JUDGE

Saikat