For vs For
2022 Latest Caselaw 635 Tri

                   HIGH COURT OF TRIPURA
                         AGARTALA

                     MAC App. 37 of 2022


For Appellant(s)            :       Mr. Biswanath Majumder, Advocate
For Respondent(s)           :       None

HON'BLE MR. JUSTICE ARINDAM LODH Order

05/07/2022 Mr. B. Majumder, learned counsel appearing on behalf of

appellant-Insurance Company submits that from the FIR and other

criminal case records it is found that the deceased driver was negligent in

respect of the accident. From the facts of the case it reveals that there

was head-on-collision between the two vehicles.

This court has made a query to Mr. Majumder, learned counsel,

as to how the appellant had established that the deceased driver was

responsible towards the accident.

Mr. Majumder, learned counsel replied that the Insurance

Company has not adduced any evidence, but, in the criminal case

records it is found that the deceased driver was responsible for the

accident.

Motor accident related suits are independent proceeding. Parties

to the suit have to establish their respective pleas by adducing evidence.

Since, the Tribunal after consideration of evidence and other

records has held that the claimant is entitled to get compensation out of

the death of her husband i.e. the deceased driver, and when there is no

contrary evidence, in my opinion, it will not be wise to interfere with the

impugned judgment and award dated 21.12.2021, passed by the Ld.

Member, Motor Accident Claim Tribunal, West Tripura, Agartala in

connection with case no. TS (MAC) 350 OF 2014, towards awarding of

compensation in favour of the claimants.

Accordingly, the instant appeal stands dismissed at admission

stage.

The Insurance Company is directed to pay the compensation as

awarded by the Ld. Tribunal, in favour of the claimant-respondents

within a period of 30 days from today. The claimant-respondents are

allowed to withdraw the statutory amount deposited by the Insurance

Company before the Registry of this court, which will be adjusted to the

total amount of compensation, as awarded by the Ld. Tribunal.

JUDGE

Rohit