DEBANSHU GUHA ROY Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 is at the instance of the claimants and is directed against an order dated 24th January, 2003 passed by the Motor Accident Claims Tribunal, Second Court, Hooghly in m. A. C. Case No. 28 of 2001 thereby rejecting the application under Section 166 of the Act filed by the appellants.

(2.) THE appellant no. 1 is the only surviving brother and the appellant no. 2 is the nephew of the victim who died bachelor. They filed application under Section 166 of the Act thereby claiming compensation for the death of the victim on the allegation that on 27th November, 2000 the victim was knocked down by a trailor bearing No. WB-11/8382 due to rash and negligent driving. The victim died on the spot and the applicants claimed compensation of Rs. 2,00,000/ -.

(3.) THE Insurance Company contested the claim application. According to the Insurance Company, the application was not maintainable, as the applicants had no locus standi to file the claim application. According to the Insurance company, the victim was not an employee of Math and the claimants were not residing in the family of the deceased and, therefore, neither the victim nor the applicants were dependent upon either of them.