PRAMILA RAJBONGSHI Vs. MD. UNISOR RAHMAN

JUDGEMENT

(1.) Heard Mr. S.C. Pandit, learned counsel for the appellant. Also heard Ms. M. Choudhury, learned counsel for the respondent/Insurance Company.

(2.) The instant appeal is challenging the Judgment dtd. 12/8/2016 delivered by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M), Guwahati in MAC Case No. 419 of 2012, wherein, the learned Tribunal had dismissed the claimed made by the claimant for compensation on account of the death of her son in a motor vehicle accident. The learned Tribunal held that the claimed petition is not maintainable under Sec. 166 M.V. Act since the claimant has failed to established that the accident occurred due to rash and negligent driving of the offending vehicle.

(3.) Brief facts of the cases as projected by the claimant was that on 21/12/2011, at about 5:20 P.M, at Maranjana Industrial Area, while the Tipper vehicle bearing registration No.AS-01-Y-5559 was filling earth and her deceased son Jogen Rajbongshi was keeping accounts of the same, suddenly the vehicle started moving backwards and the deceased fell down beneath of wheel of the said vehicle and died on spot.