BHANU RANI DEBBARMA Vs. RANJIT DEBBARMA

JUDGEMENT

(1.) THE present Cross Objectors/appellants are the claimants in the case No. T.S. (MAC) 253/2009 filed before the Motor Accident Claims Tribunal, Agartala, West Tripura (hereinafter referred to as Tribunal only).

(2.) THE claim petition was filed under Section 166 of the Motor Vehicle Act, 1988 (M.V. Act in short) for granting compensation of Rs. 26,97,000/- only in total with interest @ 12% per annum from the date of presentation of the claim petition till the date of payment of the awarded amount. THE claimants say that they are the wife, son and mother of the deceased. THEy further say that on 14.02.2009 the deceased Budhi Debb-arma alongwith 4/5 relatives went to the house of one Shri Hemanta Jamatia at Takchapara form Goliraibari to attend the marriage ceremony of daughter of Hemanta Jamatia by vehicle No. TR-01K-0201(Maruti Van) owned by maternal uncle-in-law of the deceased. It was a family pleasure trip with the relatives of the deceased. After attending the marriage ceremony, on the same day he along with others were returning to his house at Puskar Bari at Bishramganj the said vehicle. It was about 8-30 p.m. when the vehicle reached at Bagmara Chowmohani on Takchapara- Bishramganj road, the driver of the vehicle lost control and as a result the vehicle met with an accident and fell down by the side of the road in a ditch and also dashed with a rubber tree, due to which Budhi Debbarma sustained injury on his person. Local people shifted him to Bishramganj PHC where he was declared dead. THE accident occurred due to rash and negligent driving of the driver of vehicle bearing No. TR01K-0201 (Maruti Van). THE deceased was aged about 28 years at the time of accident. He was working in the Department of Home, Government of Tripura as a regular employee.

(3.) SMTI. Bhanu Rani Debarma, wife of the deceased, as petitioner No. 1 examined herself as PW 1. She produced the documents relating to the police case (Ext. 1 series), postmortem report, salary certificate and Admit Card of the deceased ( Ext. 2 series). To establish her claim, she also examined one Shri Jugal Debbarma as PW 2. The opposite party No. 1, owner of the vehicle submitted copy of Insurance policy, tax token, driving licence of Bajan Debbarma and Certificate of registration of the vehicle (Ext. A series).