AGARTALA, India, Feb. 26 -- Tripura High Court issued the following order/judgement on Jan. 27:

1. Heard learned counsel of both sides.

2. Both the appellants filed a claim petition before the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala bearing No. TS(MAC) 3 of 2021 alleging, inter alia, that on 10.03.2020, at about 3:30 pm, when their son, Mithan Paul along with his friends were returning from Simna by riding a motor cycle bearing Registration No.TR01H-0862, at Nandalal Das Para on Agartala-Simna road one vehicle bearing Registration No.TR01AW-0464 [Maruti Eeco] dashed the motorcycle from behind. As a result, their son received multiple injuries and when he was taken to Mohanpur Hospital, he was declared dead. Concerning the said accident, Sidhai P.S.Case No. 24/2020, under Sections 279/304(A) of IPC was also registered on the basis of an FIR lodged by Rabindra Paul, the appellant-petitioner No.2. The investigating authority submitted the charge-sheet against accused Dipak Das, driver of said Maruti Eeco vehicle for commission of offence under Sections 279/304(A) of IPC and also under Sections 184/187 of M.V. Act holding him prima facie responsible for the said accident.

3. The petitioners [appellants herein], thereafter submitted claim petition before the Motor Accident Claims Tribunal praying for an amount of Rs.43,70,000/- as compensation from said Dipak Das and the insurer, the United India Insurance Co. Ltd., the respondents herein.

4. During trial, both the petitioners were examined as PW-1 and PW-2 respectively. The respondent No.1 submitted his examination-inchief as OPW-1, but he did not face any cross-examination. However, the learned Tribunal observed that the owner of the said Maruti Eeco vehicle produced the photocopies of vehicular documents and the driving license of the driver without producing the originals as in a connected case, bearing No. TS (MAC) 165/2020 arising out of the same accident, the owner had produced the originals. Therefore, learned counsel of the insurance company did not oppose in taking into consideration the photocopies of said documents in connection with this case.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqLCBqJvycDMCDIRN9WoRbkfJyL0MSNF46hCVT6IOPV6e&caseno=MAC%20App./80/2024&cCode=1&cino=TRHC010011902024&state_code=20&appFlag=)

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