SUMATI DEBNATH Vs. SUNIL KUMAR SEN

JUDGEMENT

(1.) This appeal u/S. 110D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) is directed against the judgment and award passed by the Second Member of the Motor Accident Claims Tribunal, Agartala in Title Suit No. 5 (Motor Accident) of 1978 dismissing the claim petition.

(2.) Put very shortly, the facts leading to this appeal are that on 5-2-1978 deceased Ratan Debanth who was 16 years of age at that time was coming from Bishalgarh to Agartala in a Minibus bearing No. TRS-371 along Bishalgarh Agartala Road and when the vehicle reached near Harishnagar Tea Estate it suddenly went out of the road and virtually over-turned causing severe injuries on Ratan Debnath and a few other passengers. Soon after the accident Ratan Debnath and a few other injured were removed to G.B. Hospital at Agartala but unfortunately on 9-2-1978 Ratan Debnath expired. It was alleged that the accident occurred on account of negligent and rash driving.

(3.) The mother of the deceased, therefore, presented an application u/S. 110A of the Act on 17-4-78 claiming compensation for a sum of Rs. 40,000.00.