MANIK SARKAR Vs. RAJU SARKAR

JUDGEMENT

(1.) Date 14-11-2019 Heard Mr. B.K. Jain, learned counsel for the appellant as well as Ms. I. Das, learned counsel for the respondent No.3 National Insurance Company Ltd. No one appears for the respondent Nos. 1 and 2.

(2.) The present appeal has been filed against the judgment dated 16.07.2012 passed by the learned Member, MACT, Kamrup, Guwahati in MAC Case No. 5772002, wherein the claim petition has been dismissed on the ground that the claimant failed to establish rash and negligent driving on the part of the driver of the scooter.

(3.) The claimant's case is that the deceased was a pillion driver in the scooter which was hit by an unknown truck on 16.02.2002. The deceased died on the spot and the unknown truck and its driver were never found. The claimant, who is the father of the deceased, filed a claim petition under Section 166 of the M.V. Act, 1988 against the owner of the scooter, i.e. one Raju Sarkar. Incidentally, the deceased was the younger brother of the owner of the scooter and the case of the claimant is that the scooter was driven on the fateful day by one Mr. Debajit Gogoi, while the deceased was the pillion driver.