APARNA BHOWMIK Vs. SWAPAN DEB AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the award dated 31.05.2011 passed by the learned Motor Accident Claims Tribunal (MACT), Court No. 3, West Tripura, Agartala in T.S. (MAC) 373 of 2009, whereby he dismissed the claim petition filed by the claimant solely on the ground that since she was a married sister of the deceased she was not entitled to any compensation.

(2.) BRIEFLY stated the facts are that deceased Biswajit Das, who was a bachelor sustained injuries in a motor vehicle accident involving Canter Truck No. TR -01 -E -1849 and Bus No. TRS -0702. The Canter Truck was insured with the National Insurance Company and the bus was insured with the New India Assurance Company. The claimant who is the married sister of the deceased filed the claim petition in which she also arrayed as proforma respondents her sisters Smt. Soma Dhar, Smt. Kalpana Bardhan and Smt. Anjali Chanda all of whom are also married. The learned Tribunal held that the claimant has not proved the survival certificate on record and therefore, it cannot be said with certainty that the claimants are the only legal heirs of the deceased. He further held since none of the sisters were dependent on the deceased, they were not entitled to any compensation.

(3.) WITH regard to lack of dependency, reference may be made to the judgment of the Apex Court in Manjuri Bera (Smt) vs. Oriental Insurance Company Ltd. and another: : (2007) 10 SCC 643, wherein the Apex Court held as follows: -