Rafia Begam And Ors vs Sri Sonjib Sinha And Ors
2024 Latest Caselaw 962 Tri

Tripura High Court

Rafia Begam And Ors vs Sri Sonjib Sinha And Ors on 21 June, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                                      Page 1 of 2




                             HIGH COURT OF TRIPURA
                                   AGARTALA
                             MAC APP NO.80 OF 2023

     Rafia Begam and ors.
                                                         ......Appellant(s)

                                     Versus

     Sri Sonjib Sinha and ors.
                                                    .......Respondent(s)

For the Petitioner(s) : Mr. S. Bhattacharjee, Advocate.

Mr. B. Saha, Advocate.

For the Respondent(s) : None.

Date of hearing and delivery of Judgment & Order : 21.06.2024

Whether fit for reporting : NO.

HON'BLE MR. JUSTICE T. AMARNATH GOUD J U D G M E N T & O R D E R(ORAL)

This present appeal has been filed under Section 173 of the

Motor Vehicles Act, 1988 by the claimants, against the impugned award

dated 31.05.2023 passed by the learned Member, Motor Accident Claims

Tribunal(1st) Unakoti District, Kailashahar, in Case No.T.S.(MAC) 03 of

2022. The title suit arises on account of the death of the husband/father

of the claimants herein, namely late Ustar Ali. A Panisagar P.S case

No.13/2017 under Sections 279/304(A) of IPC was also registered in this

regard.

2. The learned Tribunal after hearing the appellants-petitioners

vide impugned Award dated 31.05.2023 dismissed the claim petition.

3. Aggrieved by the impugned award dated 31.05.2023, the

appellant-claimants has preferred this appeal.

4. Heard Mr. S. Bhattacharjee, learned counsel, and Mr. B.

Saha, learned counsel appearing for the appellants. None appears for the

respondents.

5. Mr. Bhattacharjee, learned counsel appearing for the

claimant-appellants submits that there is perverse finding of the learned

Tribunal and thus the matter is liable to be allowed.

6. Heard and perused the evidence on record, this Court is of

the view that the matter in hand is liable to be remanded back to the

learned Tribunal below for proper adjudication of the matter by hearing

both the parties. As such, the matter is allowed, the impugned Judgment

is set aside and the matter is remanded back to the learned Tribunal

below for proper adjudication of the same.

7. As a sequel, stay if any stands vacated. Pending

application(s), if any also stands closed.

                                                                                           JUDGE



   suhanjit

RAJKUMAR           Digitally signed by
                   RAJKUMAR SUHANJIT
SUHANJIT           SINGHA
                   Date: 2024.06.29
SINGHA             15:07:15 +05'30'