HILARIA MALONG Vs. MD. SAJAHAN ALI

JUDGEMENT

(1.) This appeal under section 173 of Motor Vehicle Act has been filed by the claimant challenging the judgment and award dated 15.2.2014 passed by the Motor Accident Claims Tribunal, Morigaon in MAC Case No. 137/2009.

(2.) Brief facts of the case, relevant for disposal of this appeal are that on 11.3.2009 one Thomas Amsong was travelling in a vehicle bearing registration No. AS-21/B-0221, owned by respondent No. 1 and insured with respondent No. 2, Oriental Insurance Company Ltd. The vehicle met with an accident due to rash and negligent driving and as a result, Thomas Amsong sustained injury. Immediately after the accident he was taken to Public Health Centre, Umpani, where from he was shifted to GNRC Hospital, Guwahati. As the victim sustained disability because of suffering injury and was bed ridden, the claim petition was initially filed on behalf of the injured (since deceased) by his wife, seeking compensation. During pendency of the claim petition, the injured died and the claim petition was amended by converting it into the death claim .

(3.) Learned Tribunal dismissed the claim petition by the impugned order, on the ground of maintainability. Feeling aggrieved, the claimant has preferred the instant appeal.