SUNANDHYA BALA @ KAUSLYA SARKAR Vs. HARI SINGH

JUDGEMENT

(1.) This appeal arises out of a judgement dated 23rd July, 2007 passed by learned Judge of the 1st Motor Accident Claim Tribunal, Barasat, in M.A.C.C. No. 569 of 1987, whereby the learned Judge of the Tribunal dismissed the claim ex parte.

(2.) Brief fact of the case made out by the appellants before the Tribunal is that on 05.04.1981 one Dilip Sarkar died of accident due to rash and negligent driving of the lorry bearing no. BRZ/ 9741. The present appellants claiming to be the legal heirs and representatives of the deceased Dilip Sarkar claimed compensation of Rs.2,51,000/- by impleading the owner of the offending lorry and the Insurance Company as the opposite parties in the claim petition. The respondent/insurance company initially contested the claim by filing written objection, but ultimately did not contest the proceedings before the Tribunal. Being aggrieved by and dissatisfied with the judgement of the Tribunal, the appellants/claimants have preferred this appeal on the ground that the learned Tribunal has failed to consider the identity of the deceased and the identity of the claimants though sufficient evidence in this regard has been adduced before the Tribunal.

(3.) It appears from the judgement of the Tribunal that doubt cropped up in the mind of the learned judge of the Tribunal with regard to the identity of the deceased and the identity of the claimants as sufficient evidence was not adduced before the Tribunal to come to the conclusion in this regard. It has been specifically pointed out by the learned judge of the Tribunal that he could not tally the name of the father of the deceased appearing on the claim petition with any document for non production of the identity card of the mother of the deceased.