SOBHA DEY Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) HEARD Mr. U.K. Mazumder, learned counsel appearing for the appellant. There is no representation for the respondents. By this common judgment, the appeal being MAC Appl. No 49 of 2002 and the cross -objection being C.O(FA) No. 11 of 2002 are disposed of, in as much as those emerged from the same judgment and award.

(2.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 by the claimants against the judgment and award dated 09.04.2002 passed by Motor Accident Claims Tribunal, South Tripura, Udaipur in Title Suit (MAC) No. 84 of 2000 and the cross -objection therefrom by the Union of India.

(3.) THE appellants have filed a claim under Section 166 of the Motor Vehicles Act, 1988 for death of Ramesh Chandra Dey, husband of the appellant No. 1 and father of the appellant Nos. 2 to 6 who died in a road traffic accident occurred on 19.07.2000 for rash and negligent driving of the vehicle having registration No. WB -03 -A -8563(Postal Mail Van). The accident occurred when the deceased was coming from Udaipur towards his house at Matabari following the extreme left -hand side of the road and the offending vehicle dashed him. As consequence thereof he succumbed to the fatal injuries. The appellants claimed that the deceased was 45 years of age and had been earning Rs. 4,000/ - per month working as the daily labourer and from vending vegetables at some times. The respondent Nos. 1 and 2 and the respondent No. 3 separately filed their written statement to contest the claim and on rival pleadings the following issues were framed: