PURNIMA BHATTACHARJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Section 171 of the Motor Vehicles Act, 1988 is directed against the judgment dated 7.1.98 passed by the learned Member, MACT, West Tripura, Agartala in case No. TS (MAC) of 1993 rejecting the claim of the claimant/appellant for awarding compensation on account of death of her husband due to the motor accident caused by the vehicle belonging to the respondents.

(2.) We have heard Mr. A. Gon Choudhury, learned counsel for the appellant and Mr. K. Bhattacharjee, learned Sr. CGSC for the respondents.

(3.) As against the case of the claimant/ appellant that on the fateful day i.e. 6.4.93, the accident involving the vehicle (Jeep) bearing registration No. TRA 2131 belonging to the respondents occurred at Siddhi Ashram, Agartala-Bishalgarh road, it is the complete denial on the part of the respondents that the said vehicle belonging to them was at all involved in the said accident. According to the appellant, the said vehicle belonging to the respondents knocked down her husband due to rash and negligent driving. Immediately after the accident, her husband was taken to GB Hospital, Agartala where he was admitted and treated. Unfortunately, he died on. 14.4.93 succumbing to the injuries sustained by him due to the said accident. A police case vide Amtali P.S. Case No. 5(4)/ 93 under Section 279/338 IPC was registered against the driver of the vehicle.