NEW INDIA ASSURANCE COMPANY LIMITED Vs. BISWAJIT DAS ALIAS BHOLA

JUDGEMENT

(1.) This appeal is filed by the insurance company challenging the judgment and award dated 20.12.2018 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala in case No.T.S.(MAC) 81 of 2016. Respondents No.2 and 3 are the original claimants. They had filed the said claim petition seeking compensation from the owner and insurer of a vehicle bearing registration No.TR-01-K-1543 (of the make of TATA ACE).

(2.) One Suman Das was travelling with his friends in the said vehicle for picnic. The friends had hired two vehicles, one of them was the said TATA ACE. While returning from the picnic, as per the claimants on account of the driver of the vehicle driving rashly and negligently, said Suman Das fell down on the road. He was run over by another vehicle bearing registration No.TR-01-U- 9651 coming from behind. He sustained fatal injuries. His parents had, therefore, filed the said claim petition claiming compensation of Rs.38,60,000.

(3.) The Claims Tribunal awarded a compensation of Rs.6,83,000 and further held that the insurance company would be liable to satisfy the award. This award the insurance company has challenged in this appeal.