NANCY GANGTE Vs. OM PRAKASH GUPTA

JUDGEMENT

(1.) Heard Mr. M. Talukdar, learned counsel for the petitioner. None appears for the respondents.

(2.) This is an application u/s 227 of the Constitution of India, challenging the legality of the Judgment and Order dtd. 16/7/2016, passed by the MACT Cachar, at Silchar in MAC Case No. 271/2011.

(3.) The petitioners are the residence of village Sarkari Bagan (New Police Reserve) under the Halflong Police Station District of Dima Hasao, Assam. On 30/10/2008, the deceased father of the petitioner's along with some of his colleagues were travelling from Halflong Civil Hospital to Diwungmukh. They were Travelling in a vehicle bearing registration no, AS01Z 4034 (Tata Sumo), when they reach Majubari, some extremists indiscriminately fired at them. The father of the petitioner and some of his colleagues instantly died after suffering bullet wounds. Therefore, the petitioner filed a Motor Accident Claim Case before the MACT, Cachar, at Silchar, because at that time, it was a only nearest Motor Accident Claim Tribunal. After hearing the petitioners and the opposite parties the Tribunal passed a Judgment on 16/7/2016, holding that the Tribunal did not have the territorial jurisdiction to entertain the said claim case.