SMRITI DAS Vs. BANI BALA SAHA

JUDGEMENT

(1.) This appeal by the claimant is directed against the award dated 08.12.2011 passed by the learned Motor Accident Claims Tribunal, Court No.3, West Tripura, Agartala in Case No. T.S. (MAC) 368 of 2004 whereby the learned Tribunal dismissed the claim petition of the claimant.

(2.) The original claim petition under Section 166 of the Motor Vehicles Act (M.V. Act) was filed by Smt. Smriti Das, widow of Late Sri Nirmal Chandra Das, Smt. Kalpana Das, mother of Late Sri Nirmal Chandra Das, Sri Sukumal Das and Sri Santanu Das minor sons of Late Sri Nirmal Chandra Das. During the pendency of the petition Smt. Kalpana Das and Sri Sukumal Das expired and their names were struck off from the record on 13th February, 2009. Therefore, the claim petition is now being prosecuted only by the widow and one minor son of the deceased.

(3.) The allegation made in the claim petition was that the deceased who was an employee of the Tripura Jute Mills Limited at Hapania was sitting inside an Auto Rickshaw in the Auto stand of O.N.G.C. at Bank Chowmuhani adjacent to UBI Bank at about 04.00 a.m. on the early morning of 04.10.2003. It is alleged that the deceased was sitting inside the Auto for going to Agartala to see Durga Puja since it was a Maha Navami. At that time, Commander Jeep bearing Registration No.TR-01-A-2109 came from the southern side i.e. from Bishalgarh side towards Agartala at a high speed and dashed against the Auto Rickshaw as a result of which Nirmal Chandra Das received grievous injuries. He was taken to the G.B. Hospital but declared dead.