BASANTI TANTI Vs. PRASHANT KUMAR SAIKIA

JUDGEMENT

(1.) Heard Mr. G. N. Sahewalla, the learned counsel for the appellants in MAC App. No. 29/2012 and Ms. R. D. Mozumdar, learned counsel for the appellant in MAC App. No. 115/2011. Also heard Mr. M. Dutta, learned counsel for the respondents/claimants in MAC App. No. 29/2012.

(2.) These appeals are against the judgment and order passed by the learned Motor Accident Claims Tribunal, Jorhat dated 18.03.2011. The facts of the case is that, on 29.12.2007, the deceased Dilip Tanti, while proceeding towards Teok, the vehicle bearing Registration No. AS-03B/6866 (407 Truck) driven by the opposite party No. 2 knocked him down and he succumbed to the injuries. The said vehicle is insured with the United India Insurance Company, who is impleaded as opposite party No. 3 in the claim petition. The plea of the appellant is that the petitioners are not entitled to compensation from the company as the deceased was a gratuitous passenger. At the trial stage, the claimants examined 2 (two) eyewitnesses, PW-3 and PW-4. PW-4 was said to have been travelling in the truck involved in the accident on the day of the incidence. He was sitting in the front side near the driver. When the vehicle came upon a big pot-hole on the road and dashed the deceased who was riding a bicycle.

(3.) Pw-3, Nasir Ahmed also claimed to have witnessed the incident. He was in the place of incidence and stated that the vehicle came over a big pot-hole and knocked down the deceased who was riding a bicycle. The vehicle capsized.