CHANDRAKALA YADAV Vs. DIPAK DAS

JUDGEMENT

(1.) Heard Mr. B.K. Jain, learned counsel for the appellant and Mr. R. Goswami, learned counsel for respondent No.3.

(2.) This appeal filed under Sec. 173(1) of the Motor Vehicles Act, 1988 is against the impugned Judgment dtd. 26/6/2013 passed in M.A.C. Case No. 180 of 2009 by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup, Guwahati.

(3.) Facts of the case in a nutshell is that the late Rajaram Yadav aged about 40 years, on 10/1/2009 at about 10:30 A.m, was engaged in loading goods (fertilizer) contained in the bags, in his capacity of a collie, on the Truck No. AS- 01-AC/3290 at Noonmati, B.G. Yard, Guwahati. The said Rajaram Yadav (deceased) fell down from the Truck while loading the goods/ fertilizer bags and on the forced impact by press of some goods, sustained grievous bodily injured and thereby succumbed to the injuries. The incident was registered at Noonmati Police Station U/D Case No.03/2009, dtd. 10/1/2009 and on completion of the investigation, the final report was submitted under 174 Cr.P.C. before the learned CJM, Kamrup, Guwahati. The appellants/claimants who is the wife and children of the deceased Rajaram Yadav, the sole bread winner of his family, claimed for compensation under 163-A of the Motor Vehicle Act, 1988 before the learned MAC Tribunal, Kamrup, Guwahati.