LALNGAICHAMI Vs. RAJKUMAR MALA SINHA

JUDGEMENT

(1.) Heard Mr. Lalchhanliana Khiangte, learned counsel for the appellant as well as Mr. Johny L. Tochhawng, learned counsel for the respondent No. 3 and Mr. Victor L. Ralte, learned Amicus Curiae for respondent No. 2. No one appears for the respondent No. 1 despite service.

(2.) This is an appeal against the Judgment & Award dated 14.12.2018 passed by the learned Motor Accident Claims Tribunal, Aizawl in MACT Case No. 18/2018, whereby the Tribunal dismissed the claim application.

(3.) Brief facts of the case is that on 24.04.2015 one Tata Tripper bearing registration No. AS-11/BC-3900 loaded with stone chips driven by the respondent No. 2, while proceeding towards Aizawl from Lailapur side dashed against one Sh. Lalthianghlima, S/o Sh. R. Vanlalchhuanga of Kawngthar Veng, Vairengte. As a result of the accident, he succumbed to his injuries on the way to the hospital. Hence, Vairengte P.S. Case No. 25/2015 dated 25.04.2015 under Section 279/304 'A' of the Indian Penal Code was registered. After the police conducted the investigation, a charge sheet was filed against the driver of the alleged offending vehicle. During the framing of charge under Section 279/304 IPC, the driver (respondent No. 2) pleaded guilty and accordingly, he was convicted under the aforesaid sections. On his conviction, the Trial Court sentenced him to the period already undergone and imposed a consolidated fine of Rs. 5000/- under the two sections mentioned hereinabove and with a default clause.