Sri Dipak Kumar Saha vs Sri Utpal Das & Another
2024 Latest Caselaw 846 Tri

Tripura High Court

Sri Dipak Kumar Saha vs Sri Utpal Das & Another on 24 May, 2024

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                         HIGH COURT OF TRIPURA
                               AGARTALA
                                CRP No.44 of 2024
Sri Dipak Kumar Saha
                                                              .........Petitioner(s);
                                        Versus
Sri Utpal Das & another
                                                           .........Respondent(s)

For Petitioner(s) : Mr. Debalay Bhattacharya, Sr. Advocate, Mr. Samar Das, Advocate.

For Respondent(s) : None.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Order 24/05/2024

Petitioner is the owner who has been saddled with 50% of the

liability towards compensation to the claimant by the judgment and award

dated 17.08.2017 passed in T.S. (MAC) 180 of 2015 by the learned Member,

Motor Accident Claims Tribunal No.2, West Tripura, Agartala. Petitioner filed

a review petition being Civil Misc. (Review) 9 of 2022 against that award after

a delay of 940 days which has been rejected by the impugned order dated

21.11.2023. Petitioner has laid a challenge to the order of rejection of the

review petition in the instant civil revision petition.

Section 173 of the Motor Vehicles Act, 1988 provides for appeal

against an award by a Claims Tribunal.

Mr. Debalay Bhattacharya, learned senior counsel for the

petitioner, after some arguments therefore does not press the instant petition.

However, he seeks liberty to prefer an appeal against the impugned award

alongwith a delay condonation application. He submits that since the certified

copy of the impugned award has been annexed to the instant petition, for the

purposes of preferring an MAC appeal, he may be allowed to seek return of the

certified copy of the impugned award by submitting a photocopy of the same

before the Registry of this Court.

Liberty as prayed for is allowed.

In that view of the matter, the instant petition is dismissed as

withdrawn. Petitioner may, if so advised, have the liberty to prefer an appeal

against the award rendered in T.S. (MAC) 180 of 2015.

Pending application(s), if any, shall stand disposed of.

(APARESH KUMAR SINGH), CJ

Pijush/

MUNNA SAHA SAHA Date: 2024.05.27 16:03:21 +05'30'