RANU BALA PAUL Vs. BANI CHAKRABORTY

JUDGEMENT

(1.) This appeal has been filed by the claimants. A claim case being Title Suit (MAC) No. 37 of 1995 was filed before the Member, Motor Accident Claims Tribunal, South Tripura, Udaipur. The case of the claimants was that one Babul Chandra Paul who was travelling in the vehicle met with an accident on 26.4.95 and the deceased was injured and he was shifted to hospital and there in the hospital he died. An amount of Rs.50,000/- was given under Section 140 of the Motor Vehicles Act by order dated 28.3.95.

(2.) The vehicle was insured with Oriental Insurance Company. The case of the Insurance Company was that the deceased sustained injuries due to firing of the extremist and not due to a motor accident and the claim is speculative. The driver of the vehicle did not appear in the case inspite of receipt of notice.

(3.) When the claim under Section 140 of the M.V. Act was being enquired by the Tribunal, there was one FIR before the Tribunal and a certificate issued by one doctor that is by Dr. Asim Dutta and death certificate issued from the G.B. Hospital. That find place in paragraph- 8 of the judgment of the Tribunal.