BHARATI BEZBARUAH Vs. RELIANCE GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Heard Mr. J. Kalita, learned counsel appearing for the appellants and Mr. T. Kalita, learned counsel appearing for the respondents.

(2.) This appeal has been preferred by the appellant/claimant challenging the judgment and order dtd. 29/6/2018 passed by the Member MACT, Nalbari in MAC case No 20/2016.

(3.) The brief facts of the case is that the appellants/claimants have filed a claim case praying for compensation before the MACT, Nalbari on account of the death of the husband of appellant/claimant no 1 and father of appellants/claimants nos. 2, 3 and 4, arising out of a motor vehicle accident which occurred on 21/8/2013. It is stated in the claim petition that the deceased was working as a cleaner for different goods laden trucks plying on different routes and his one trip generally lasted for about 7 to 10 days. The appellants/claimants came to know about the accident only on 29/8/2013 i.e. after the dead body was disposed of by the police due to want of identification of the dead body. The appellant initially filed an application u/s 163 A of MV Act but subsequently they have filed a separate petition u/s 166 of the MV Act. Since the dead body was not identified by any person during post mortem examination and none has mentioned earlier that the deceased was a regular cleaner, the learned Tribunal without any basis has held that the deceased was a gratuitous passenger and the respondents no 2 and 3 i.e. the owner and the driver of the offending vehicle were directed to pay the awarded amount.