RAMNGAIHAWMI Vs. MAHESH KUMAR DEWAN

JUDGEMENT

(1.) This is an appeal filed by the appellant/claimant against the Judgment & Award dtd. 5/3/2018 passed by the Member-cum-Presiding Officer, Motor Accident Claims Tribunal, Aizawl (Tribunal) in MACT Case No. 50/2016. The main grievance projected by the appellant is that the Tribunal came to a finding that the appellant did not prove the income of the deceased and as a result, dismissed the claim. It is also the case of the appellant that the appellant filed the claim application under Sec. 166 of the Motor Vehicles Act, 1988 (M.V Act) and the Tribunal came to a finding that there was fault on the part of the offending vehicle. However, as it came to a finding that the appellant failed to prove the income of the deceased, the claim application was dismissed despite fault being proved by the claimant/appellant.

(2.) Brief facts of the case essential for disposal of the instant appeal is that due to a motor vehicle accident on 17/10/2016, Mr. Chhandama aged 55 years was run over by a vehicle bearing registration No. MZ-01 K - 6288, which was driven by Sukh Ranjan Das at around 9:00 PM. As a result, Mr. Chhandama died on the spot. The appellant who is the wife of the deceased person thereafter filed a claim application before the Tribunal which was registered and numbered as MACT Case No. 50/2016 claiming compensation from the opposite parties/respondents. Opposite party No. 1/respondent No. 1 is the owner of the accident vehicle while opposite party No. 2/respondent No. 2 is the Insurance Company where the accident vehicle was insured. Both the opposite parties/respondents contest the claim by filing their written statements. Based on the pleadings, the Tribunal framed three (3) issues, which are as follows:-

(3.) In order to substantiate her claim, the appellant examined three (3) witnesses including herself. As for the opposite parties/respondents, they did not adduce evidence. Upon conclusion of the evidence of the appellant, the learned Tribunal after hearing the rival parties decided issue Nos. 1 and 2 in favor of the appellant. However, the 3rd issue was decided against the appellant and the Tribunal proceed to dismiss the claim through the impugned Judgment and Award. Aggrieved, the appellant is before this Court.