CHHALANA DAM Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal is at the instance of the claimants in a proceeding under section 140 of the Motor Vehicles Act and is directed against an award dated 2.9.2006 passed by die Motor Accidents Claims Tribunal, Fast Track, First Court, Cooch Behar in M.A.C. Case No. 129 of 2004 thereby rejecting the application on twofold grounds; first, for non-production of post-mortem report and secondly, for non-production of the photocopy of the insurance certificate.

(2.) Being dissatisfied, the claimants have come up with the present appeal.

(3.) After healing Mr. Rahaman, learned advocate appearing on behalf of the appellants and Mr. Das, the learned advocate appearing on behalf of the insurance company, we find that it has been established from evidence on record that the victim met with the accident in the month of January 2003 and thereafter, was treated in three different hospitals and ultimately at his residence under the treatment of PW 2, a doctor, and died in the month of August 2003. The doctor certified that the death occurred due to the accident.