DWIJENDRA DEBNATH Vs. SHIBA PRASAD DEB AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the award dated 25th September, 2010 passed by learned Motor Accident Claims Tribunal (Court No. 2), West Tripura, Agartala whereby the learned Tribunal has rejected the claim petition on the ground that there is no material on record to show that the deceased suffered injuries in a motor vehicle accident and further there is no material on record to show what was the nature of the injuries and whether any disability was caused to the claimant or not.

(2.) AT the outset I may note that the manner in which the claim petition has been filed is totally illegal. The claim petition has been filed by Shri Dwijendra Debnath claiming that his son Amar Debnath was working as an assistant in a 'Commander Jeep' bearing Registration No. TR -01 -2816. It was further alleged that while the injured was dealing with the passengers, the 'Bus' driver suddenly started the vehicle, as a result of which Amar Debnath fell down and received injuries.

(3.) EVEN more shocking is the fact that in Para 1 of the claim petition, the name of the injured is shown as Dwijendra Debnath. Name and address of the petitioner is also shown as Dwijendra Denath. The claimant filed an affidavit in support of the claim petition. Though in the affidavit it is stated that due to the head injury suffered his son Amar Debnath is not capable of looking after his interest, other than this bald statement there is no material on record to support this allegation. There is another allegation that Amar Debnath was treated at BRAM Hospital, Hapania. There is not a shred of evidence on record in support of this claim also.