NIYATI MAJUMDER Vs. NATIONAL INSURANCE CO

JUDGEMENT

(1.) UNSUCCESSFUL claimants preferred the present appeal under sub-section (1) of Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Order dated 31. 7. 1998 dismissing the case of T. S. (MAC) No. 328 of 1997 filed by the claimants-appellants before the Motor Accident Claims Tribunal, West Tripura, Agartala.

(2.) HEARD Mr. S. Deb, learned senior counsel assisted by Mr. A. Das, learned counsel appearing for the appellants as well as Mr. P. Gautam, learned counsel for the respondents.

(3.) A core question i. e. whether the deceased Manik Majumder (husband of the appellant No. 1, brother of the appellant No. 2 and the son of the appellant No. 3) died due to an accident on 2. 7. 1997 arising out of use of the motor vehicle insured with the respondent No. 1 i. e. National Insurance Co. Ltd. , Agartala Branch, 42, Akhoura Road, Agartala or not is required to be answered in the present appeal. In order to decide this core question it would be required to understand the respective cases of the parties in the present appeal.