The Divisional Manager vs Sri Hari Bhusan Nama & Ors
2024 Latest Caselaw 1724 Tri

Tripura High Court

The Divisional Manager vs Sri Hari Bhusan Nama & Ors on 5 October, 2024

                   HIGH COURT OF TRIPURA
                          AGARTALA
                   M.A.C App. No.99 of 2024
The Divisional Manager,
The New India Assurance Company Ltd.
                                                    -----Appellant(s)
                               Versus
Sri Hari Bhusan Nama & Ors.
                                                 -----Respondent(s)

For Appellant(s) : Mr. G. S. Das, Adv, Mr. K. Deb, Adv.

For Respondent(s) : None.

HON'BLE MR. JUSTICE BISWAJIT PALIT Order 05/10/2024

Learned Counsel, Mr. G. S. Das assisted by Learned

Counsel, Mr. K. Deb is present for the appellant.

This appeal is preferred challenging the judgment

and award dated 14.06.2024 delivered by Learned Member,

MACT, Sepahijala District, Sonamura in connection with case

No. T.S. (MAC) No.18 of 2021. By the said judgment and award

Learned Tribunal below awarded compensation amounting to

Rs.13,22,200/- with 8% interest from the date of filing the

claim-petition to till the date of realization. The liability has been

fastened upon the present appellant.

In course of hearing, Learned Counsel for the

appellant has drawn the attention of the Court that the actual

age of the deceased was around 64 years at the time of death.

But the Learned Tribunal below at the time of delivery of

judgment determined the age of the deceased as 55 years

without any basis and if the age is considered to be 64 years, in

that case the quantum of compensation awarded by the Tribunal

would be automatically reduced. In support of his contention,

Learned Counsel for the appellant has filed one copy of Aadhaar

Card of the deceased.

Seen the relevant document.

Considered.

Let the appeal be admitted for hearing.

Call for the LCR.

Issue post-admission notice upon the respondents.

The appellant may take steps for service of notice

upon the respondents by normal process and also by registered

A/D post within seven days and file proof of service.

Registry be also asked to prepare paper book and to

supply the same to Learned Counsels of both the sides as per

procedure.

List the matter after supplying the paper book.

                                                                     JUDGE




MOUMITA        Digitally signed by
               MOUMITA DATTA

DATTA          Date: 2024.10.05
               16:03:33 +05'30'
Purnita