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Judgment
Appellant has prayed for the following reliefs:
(i) Admit the appeal condoning the delay of 245 days;
(ii) Call for the case records from the Learned Motor Accident Claims Tribunal, Soonamura, West Tripura Judicial District pertaining to the Case No.T.S(MAC) 39 of 2015;
(iii) After hearing the parties be pleased enough to set aside/quash and modify the impugned judgment and award dated 12.12.2017, passed by the Learned Tribna below and may be kind enough to pass an appropriate order in terms of the law laid down by the Hon'ble Apex Court by passing the judgment stated supra, for the fair ends of justice;
(iv) Pending disposal of the present appeal, stay the operation of the impugned judgment and award dated 12.12.2017 in Case No.T.S(MAC) 39 of 2015, passed by the Learned Motor Accident Claims Tribunal, Sonamura, West Tripura Judicial District;
AND
Pass such other order or orders as the Hon'ble High Court may seem fit and proper."
Fairly stated, the sole issue which arises for consideration in this appeal is as to whether the driver, at the time of accident was possessed with a valid driving licence or not?
It is not in dispute that the vehicle in question is a light motor vehicle. It is also not in dispute that the driver was also possessed with the valid driving licence to drive the said vehicle i.e. light motor vehicle.
In view of the same, the type of offending vehicle would not matter, be it light motor vehicle or a heavy motor vehicle, for what stands correctly adjudicated, which fact is not disputed before this Court, is that the fault was that of driver driving the light motor vehicle.
This is the only point urged before the Court and, as such, the present appeal assailing the impugned judgment and award dated 12.12.2017 passed by Ld. Motor Accident Claims Tribunal, Sonamura, West Tripura in Case No.TS(MAC) 39/2015 titled as Sri Mandu Ch. Das Vrs. Sri Sunil Debnath only merits rejection.
Even otherwise, the Court has examined the record for ascertaining the correctness of the findings returned by the Tribunal and compensation quantified of ₹3,76,587/- to be within the settled principles of law.
Mr. R. Saha, learned counsel for the appelant points out that the entire amount in terms of impugned award, along with interest stands deposited in the Registry of the Court. To be precise, he states that a sum of ₹4,55,768/- already stands deposited. Such statement is accepted and taken on record.
Consequently, the appeal as well as the cross objection which are not pressed, stand disposed of in the aforesaid terms.
Pending application(s), if any, also stands disposed of.
Record be sent back immediately.