BRANCH MANAGER, CHOLAMAN-DALAM Vs. JITU BURA GOHAIN

JUDGEMENT

(1.) The present appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 challenging the judgment dtd. 13/5/2020 passed by the learned Member Motor Accident Claims Tribunal, Dimapur, Nagaland, in MAC Case No. 67/2017.

(2.) The facts relevant for adjudicating the present appeal is that on 4/2/2017 at about 12:00 Noon the injured/claimant No.1 and one Dharma Kanta Borah @ Dharma Borah was requested by the driver of the Tractor B/R No. AS-07-AC/1373 to accompany him for threshing mustard seeds at Singia village. The tractor was pulling a threshing machine to thresh the mustard seeds. As the claimant No.1 and the said Dharma Kanta Borah were walking on foot besides the tractor, the thresher machine pull over the stem of a tree as a result of which the thresher machine overturned on the claimant No.1 and the said Dharma Kanta Borah causing grievous injuries to the claimant No.1 and instantly causing the death of the said Dhrama Kanta Borah.

(3.) The MAC Case No. 67/2017 was accordingly filed by the injured/claimant No.1 and his wife Smti. Anju Bura Gohain as the claimant No.2 claiming a compensation of Rs.30.00 lakhs which included pecuniary loss and non-pecuniary special damages.