The Oriental Insurance Company Ltd. And ... vs Sri Subhash Datta And 4 Others
2024 Latest Caselaw 964 Tri

Tripura High Court

The Oriental Insurance Company Ltd. And ... vs Sri Subhash Datta And 4 Others on 21 June, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

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                                       HIGH COURT OF TRIPURA
                                         _A_G_A_R_T_A_L_A_
                                          MAC. App. No.92 of 2023

The Oriental Insurance Company Ltd. and Another.
                                                                               .....Appellants
                                              _V_E_R_S_U_S_

Sri Subhash Datta and 4 Others.
                                                                             .....Respondents

For Appellant(s) : Mr. B. Majumder, Advocate.

For Respondent(s)                  :    Mr. S. Lodh, Advocate.

                HON'BLE MR. JUSTICE T. AMARNATH GOUD
                            _O_ R_ D_ E_ R_
21.06.2024

Heard Mr. B. Majumder, learned counsel appearing for the appellants also heard Mr. S. Lodh, learned counsel appearing for the respondents.

This appeal has been filed under Section-173 of Motor Vehicles Act, 1988 along with its up to date amendments against the impugned judgment and award dated 16.12.2022 passed by the learned Member, Motor Accident Claims Tribunal/Court No.2, West Tripura, Agartala in connection with T.S. (MAC) No.129 of 2018.

This Court having gone through the observations made by the learned tribunal below and after hearing the argument advanced by the learned counsel appearing for the parties is of the opinion that the observation made by the tribunal below is not just and proper. The issue involved in the present case is contributory negligence since there are two insurance companies i.e. Oriental Insurance Co. Ltd and Reliance General Insurance Co. Ltd and two vehicles involved. The tribunal has not examined the concerned police officer or the eye witnesses to draw an inference for fastening the liability on the insurance companies. Since the award is unreasoned, this Court remands the matter to the learned Court below for re-appreciating the evidence for passing a reasoned order. However, it is made clear that, if necessary, the Court may even examine the witnesses and also to mark exhibits.

In view of above, the matter is disposed of by remanding back the matter to the learned Court below for fresh adjudication.

                                                                     T. Amarnath Goud, J

A. Ghosh

ANJAN        Digitally signed by
             ANJAN GHOSH

GHOSH        Date: 2024.07.01
             16:09:58 +05'30'