BASANTI GOGOI BURAGOHAIN Vs. SUSHIL KUMAR AGARWAL

JUDGEMENT

(1.) Heard Mr. S. Dasgupta, learned counsel appearing for the appellant as well as Mr. S.S. Sharma, learned senior counsel appearing for the respondent No. 3. None appears for the respondent Nos. 1 and 2 despite receipt of the notice from this Court. By this appeal filed under Section 173 of the Motor Vehicles Act 1988, the judgment and award dated 02.06.2008 passed by the learned Member, Motor Accident Claims Tribunal, Sivsagar in MACT Case No. 33 of 2005 has been challenged.

(2.) The essential fact, that would be relevant for appreciating the challenge, can be encapsulated thus:

(3.) On report of the accident as stated, Sivsagar P.S. Case No. 420/2004 under Section 279/304 (A) of IPC was registered against the respondent No. 2, driver of the Maruti Van. Even an accident information report was also filed in the concerned Claims Tribunal under Section 158 of the M.V. Act, 1988. Thereafter the charge-sheet was filed against the respondent No. 2 under Sections 279/304 (A) of the IPC and the trial commenced as per law.