KAMALA BORUAH Vs. DHRITI RANJAN ROY

JUDGEMENT

(1.) Heard Mr. K Sarmah, learned counsel for the claimant/ appellant and Mr. RK Bhatra, learned counsel appearing for the respondent No.3/ the New India Assurance Co.Ltd. None appeared for the respondent opposite party Nos. 1 and 2.

(2.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (For short 'MV Act') is directed against the judgment and order, dated 19.06.2014, passed by the learned Member , Motor Accident Claims Tribunal (For short 'The Tribunal'), Sonitpur at Tezpur in MAC Case No. 28 of 2009 dismissing the claim of the claimant for compensation under Sec. 166 of the MV Act on account of death of her husband in a road traffic accident.

(3.) A claim for compensation under Sec. 166 of the MV Act was filed by the claimant/ appellant before the learned Tribunal, Sonitpur at Tezpur, on account of death of her husband in a road traffic accident, on 02.10.2008 at Lahowal on N.H. No.37. It was alleged that the said accident occurred due to rash and negligent driving of the vehicle bearing registration No.AS 12 C-3761 ( TATA Indica) by the respondent / Opposite party No.2, the driver. The said offending vehicle was insured with the New India Assurance Co. Ltd., the respondent/ opposite party No.3. The insurance was valid on the day of the accident and the driver had a valid driving license. The claim petition was contested by the respondent/ opposite parties except the driver/ respondent No.2 herein. The learned Tribunal after perusing the materials on record, evidence of the claimant and the written statements filed by the respondent/ opposite parties, passed the impugned judgment, dated 19.06.2014, dismissing the claim on the ground that the involvement of the aforementioned vehicle in the accident is doubtful.