MARY YIMCHUNGER Vs. CHIEF SECRETARY

JUDGEMENT

(1.) This appeal, under Section 173 of the Motor Vehicles Act, 1988 (for short, the MV Act), is directed against the judgment and order, dated 11.05.2010, passed by the learned Member, Motor Accident Claims Tribunal, Tuensang, in MAC Case No. 1/2009, whereby the learned Member, dismissed the claim made by the appellants. The material facts, which have led to disposal of this appeal, may, in brief, be stated as follows:

(2.) The claimants contended that the accident occurred due to negligence on the part of the Govt. of Nagaland, in maintaining the road and that the deceased was on his official duty to collect ration and salary for Police persons. It has also been stated that the respondents, being the owner of the concerned vehicle, were liable to pay compensation for the death of the deceased i.e. predecessor-in-interest of the appellants/claimants, in connection with the said vehicular accident.

(3.) The respondents, by filing a written statement, contested the claim of the appellants. The contesting defendants, in their written statement, averred that the accident took place due to the negligence of the deceased and as such, the answering respondents, for no fault on their part, were not liable to pay any compensation, as claimed by the claimants. In their written statement, the contesting respondents categorically stated that the deceased, knowing well about the consequence of the danger of the risk taken, in crossing the affected portion of the road, displayed negligence by making attempt to cross the road, without allowing other occupants to board the vehicle.