STATE OF NAGALAND Vs. NOKOSANGLA

JUDGEMENT

(1.) This is an appeal under section 173 of Motor Vehicle Act, 1988 directed against the judgment and award dated 25.10.2012, passed by the MACT, Mokokchung in MAC Case No. 25/2008.

(2.) The facts and circumstances of the case briefly stated are that on 09.11.2007, the husband of the respondent No.1, and father of the respondent No. 2, 3 and 4, namely, Lt. Mr. R. Panger Longkumer, Deputy Director under the department of Agriculture, Government of Nagaland then, was travelling on the Maruti Van bearing Registration No. NL-10/5445, allotted to him for official duty, driven by the driver of the same from Changki to Dimapur. And while travelling thus, the vehicle met an accident at about 5:00 p.m. of the same day at a place located at about 1 Km from Changki Village junction. Due to the injuries suffered in the accident late R. Panger Longkumer died at the spot while the driver and two other passengers suffered serious injuries. Soon after the accident he was taken to Community Health Centre, Mokon--glemba. The Traffic Control, Mokokchung made a G.D.entry being No. 79/2007, dated 10.11.2007 and also prepared a report in which all the details of the vehicle and brief facts about the accident was recorded.

(3.) Both the respondents/claimants and the appellants/respondents produced and examined only 1(one) witness each in support of their respective case. The Tribunal, after hearing the parties and considering the evidence given by them and the law applicable, passed the impugned judgment and award. The operative portion of the judgement and award are as follows;-