RUPA ROY Vs. TRIPURA STATE LEGAL SERVICES AUTHORITY

JUDGEMENT

(1.) By means of this petition, the petitioner who is the mother of the deceased Late Sri Raj Kumar Roy has prayed that she be granted compensation for the death of her son. The facts of this case exemplify how a casual approach to deciding such matters leads to unnecessary complications of issues and multiplicity of litigations.

(2.) The undisputed facts are that the private respondent, Smt. Rakhi Roy filed a claim petition on behalf of herself and her minor daughter Miss. Laxmi Roy. In this claim petition it was alleged that her husband Late Sri Raj Kumar Roy had died in a motor vehicle accident on 04.09.2008. Though the parents of the deceased were not made parties to the petition, in para 20 of the claim petition it was stated that the deceased had left behind old aged parents, minor daughter and wife. Thus, the petitioner had stated that the deceased had parents. Unfortunately counsel for the claimant-petitioners did not choose to array the parents, or at least the mother of the deceased as a respondent in the petition. In case the counsel was aware that the deceased had left behind the parents it was the duty of the counsel to have arrayed the parents or at least the mother of the deceased as a proforma respondent in the petition. Unfortunately this was not done. The learned Motor Accident Claims Tribunal also did not try to ascertain whether there were any other heirs.

(3.) The matter was thereafter taken up before the Lok Adalat where the claimant, Smt. Rakhi Roy agreed to accept Rs.4,00,000/- in full and final compensation in respect of the death of her husband. The order of the Lok Adalat reads as follows: