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Judgment
Arindam Lodh, J
Heard Mr. P. K. Ghosh, learned counsel appearing for the appellant-Insurance Company.
This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and award dated 22/2/2022 passed in Case No. TS(MAC) 281 of 2016 by the Ld. Motor Accident Claims Tribunal, Tribunal No. 2, West Tripura, Agartala.
Upon hearing the learned counsel, I find no ground to admit this appeal.
Mr. P. K. Ghosh, learned counsel has submitted that in the charge-sheet police has written that the deceased was at fault.
On query by this court, Mr. Ghosh, learned counsel has submitted that the Insurance Company has not adduced any evidence to substantiate their defence, and they only had relied upon the observations made by the Investigating Officer in the charge-sheet.
In the opinion of this court, a Motor Accident Claim is decided on the basis of the merits of the pleas taken by the claimant as well as the opposite parties including the Insurance Company. The parties have to substantiate their pleas by adducing evidence.
The contents of the charge-sheet cannot form the basis to adjudicate and decide the merits of the Motor Accident Case.
In view of this, as I have said earlier, I do not find any ground to admit this appeal.
On the basis of such observation, I can easily arrive at a finding that the Insurance Company-appellant has unnecessarily approached this court on the above flimsy ground. As such, this court has been constrained to impose a cost of Rs. 25,000/- which will be deposited by the Insurance Company-appellant to the High Court Bar Association, Agartala, Tripura within a period of 7 (seven) days from today.
Accordingly, the appeal stands rejected at this stage.