TINZING DORMA Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) Heard Mr. A. Ganguly, learned counsel for the applicant as well as Mr. R. Goswami, learned counsel for the respondent No.1. None appears on call for the respondent No.2.

(2.) This appeal under section 173 of the Motor Vehicle Act is directed against the judgment and award dated 26.07.2010 passed by the learned Member, MACT, Sonitpur, Tezpur in MAC Case No.74/2006. The appellant herein were minors on 23.02.2011 when this appeal was filed. In this appeal, the appellants are represented by one Dorji Khandu, next friend of the appellants.

(3.) The respondent No.2, namely, Smt Sang Ere, who is the mother of the appellants had filed a claim petition under Sec. 163A of the Motor Vehicles Act, 1988 claiming compensation in respect of the death of her husband, namely, Late Norbu Tsering who was driving a commercial Tata truck bearing registration No.AR-04-1317. On 10.06.2005, while the ill-fated vehicle driven by the deceased was coming from Bomdila to Bhalukpong, on reaching 41 kms towards Bhalukpong, due to certain mechanical failure, the vehicle slipped and fell left side downhill from the road surface about 200 meters. As a result, the deceased as well as the handyman, namely, Pinku Chetri sustained grievous injuries and both of them later succumbed to their injuries on spot and the vehicle was completely damaged. The respondent No.2/ claimant had prayed for compensation of Rs.1,00,00,000.00 (Rupees One crore only).