NANDIBALA ROY Vs. JAYASHREE TEA & INDUSTRIES LTD.

JUDGEMENT

(1.) Instant appeal has been preferred against the judgment and award dated 23rd day of March, 2018 passed by the learned Judge Motor Accident Claims Tribunal ADJ Fast Track 4th Court Jalpaiguri in a Motor Accident Claim Case No. 196 of 2012

(2.) The brief fact of the case is that the victim of this case namely, Haren Ray (deceased) on 28/3/2012 at about 8:00 am was standing near a tea stall at Panga Battala More, PS Kotwali, PS Karjipara, District Jalpaiguri at that time a trailer (commercial) bearing Registrtion No. WB-73/1972, driven by its driver in a very high speed and rash and negligent manner dashed the deceased. By sudden the deceased sustained multiple bleeding injuries on his person the local people admitted him to the Sadar Hospital, but he succumbed to his injuries.

(3.) The legal heir of the deceased filed a claim case u/s 163A of MV Act before the Learned Tribunal for getting compensation. The owner of the offending vehicle did not turn up so the matter heard by ex-parte by the Learned Tribunal. The Learned Tribunal after hearing the petitioner and after receiving the evidences dismissed the claim case. Being aggrieved by and dissatisfied with the said order of dismissal the instant appeal has been preferred by the claimants.