JOYNAL ABDIN Vs. YOUNUCH MIAH

JUDGEMENT

(1.) This is an appeal filed by the claimants against the award dated 18.12.2009 passed by the learned Motor Accident Claims Tribunal, Sonamura, West Tripura in Case No. T.S. (MAC) 35 of 2009 whereby, he held the claimants entitled to compensation of Rs.1,71,000/-. The learned Tribunal exonerated the insurance company and held the owner of the vehicle liable to pay the compensation on the ground that the deceased was travelling in the vehicle as a gratuitous passenger.

(2.) It is not disputed that the vehicle in question is a goods vehicle. At this stage, it would be pertinent to mention that earlier the appellants had filed Case No. T.S. (MAC) 19 of 2009 before the same Motor Accident Claims Tribunal and in Para 9 of the petition it was stated as follows:-

(3.) Similar averments were made in Para 21 of the petition. The said petition was withdrawn on 09.06.2009 with liberty to file a fresh petition. The order allowing withdrawal of the petition is a totally cryptic order because no formal defect was pointed out at the time of withdrawing of the petition.