SEFALI DEY Vs. AMIT DEY

JUDGEMENT

(1.) Both these appeals arise out of an award dated 25.08.2017 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala dismissing the claim petition of these appellants.

(2.) Brief facts are as under:

(3.) In facts of the present case, I am inclined to remand the proceedings before the Motor Accident Claims Tribunal for further trial and fresh disposal of the claim petition. As noted, the husband and son of the claimants met with a serious accident. He had to be rushed to a hospital where after few days he died due to the injuries. At that time, the family would not have the presence of mind to note down the names and addresses of the passengers of the auto rickshaw. In all probabilities before the family members had reached the scene of accident, the passengers would have dispersed. In a claim petition, the Court carries out an inquisitorial inquiry and whenever need be, assists and enables the claimants to bring on record proper and correct evidence and material so that a fair and a correct decision can be rendered.