LAWS(GAU)-2021-11-2

FARHANAZ HUSSAIN Vs. JAYTUN NESSA

Decided On November 03, 2021
Farhanaz Hussain Appellant
V/S
Jaytun Nessa Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner Mr. D.K. Medhi and also heard Mr. R.K Bhatra, the learned counsel appearing for the respondent no.2 Insurance Company. The order dtd. 16/12/2020 reflects that the service upon the respondent no.1 was duly served and in view of the striking off the name of the respondent no.3, the instant revision petition was ready as regards service. None appeared on behalf of the respondent no.1. Accordingly with the consent of the counsel appearing on behalf of the petitioner and the respondent no.2, the instant petition is being taken up for disposal at this stage.

(2.) The petitioner had challenged the order dtd. 5/10/2016 passed by the Member, MACT, Tezpur in MAC Case No.226/2011. By the said impugned order, the Court below held that the petitioner is not the legal heir of Late Anowar Hussain who had expired in the accident for which the proceedings i.e. MAC Case No.226/2011 was initiated by the mother of the deceased Anowar Hussain. It is also relevant to note that vide the said impugned order it was also held that in the event of the petitioner is successful in proving her legal status in a competent Civil Court she would be entitled to have the legal right to seek her share in the compensation amount which might be awarded for the death of Late Anowar Hussain.

(3.) That facts of the case for the purpose of disposal of the instant petition is that Anowar Hussain (since deceased) on the date of accident i.e. 26/1/2011 was travelling in his newly purchased Mahendra make Bolero vehicle from Guwahati to Tezpur driven by his employed driver Sri Parma Das. The said ill-fated vehicle dashed against the iron barrier of the railway track at Ketekibari on the PWD road leading to Tezpur town and accordingly the said vehicle was badly damaged and Late Anowar Hussain expired. Pursuant to the death of Late Anowar Hussain, the mother of the deceased filed a claim petition registered as MAC Case No.226/2011 before the Member, Motor Accident Claims Tribunal, Tezpur.