HAFIJA BEGUM Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The instant appeal has been preferred by the present appellant Hafija Begum challenging the sustainability of the judgment and order dtd. 14/11/2014 passed by the learned Member, MACT, Sankardev Nagar, Hojai in MAC Case No. 344/12, whereby the claim petition filed by the present appellant was dismissed.

(2.) The brief facts giving rise to the present case is that on 13/3/2012 at about 4:30 A.M., while the husband of the appellant Abdul Wahab Barbhuyan was driving a vehicle bearing No. AS-25C-3207 (Truck) and when the vehicle reached at eighth mile the break of the vehicle did not work. So, the deceased jumped out from the vehicle and sustained grievous injuries on his person. Though he was taken to Jowai Civil Hospital but ultimately succumbed to his injuries.

(3.) The present appellant being claimant in MAC Case No. 344/12 filed a petition under Sec. 166/140 of M.V. Act, 1988 against the owner of the vehicle and insurer of the vehicle National Insurance Co. Ltd, claimed a compensation of Rs.25,43,190.00 for the death of her husband Abdul Wahab Barbhuyan. After completion of trial the learned Tribunal has dismissed the case on the ground that the accident was not occurred due to mechanical defect of the vehicle. As the vehicle was not examined by the Motor Vehicle Inspector showing the damage to the vehicle which was driving by the deceased at the relevant time of accident, under such circumstances, the driver is to prove the fact that he was not driving the vehicle in a rash and negligent manner for which the accident took place. Therefore, in such situation the driver cannot claim any compensation from the owner of the vehicle.