Swapna Sen (Das), wife of late Ganesh Sen v. Jadab Roy Chowdhury, son of Khagendra Roy Chowdhury
2017-02-09
S.TALAPATRA
body2017
DigiLaw.ai
JUDGMENT AND ORDER : Heard Mr. A. Gon Choudhury, learned counsel appearing for the appellants as well as Mr. K. Bhattacharji, learned counsel appearing for the respondent No. 2, the Oriental Insurance Co. Ltd. There is no representation for the respondent No. 1 despite due notice from this Court. 2. Mr. Bhattacharji, learned counsel appearing for the respondent No. 2 has in his usual fairness submitted that from the insurance policy, it would be apparent that one Gautam Majumder, son of late Jitendra Lal Majumder, resident of Shib Nagar, Maszid Road Agartala, Tripura West, is the owner of the vehicle bearing No.TR-01-J-1719 (AutoTruck) which has been alleged of being involved in the accident in which the deceased, Ganesh Sen has suffered fatal injuries 3. The legal heirs and the dependents of Ganesh Sen are the claimant-appellants in this appeal. On scrutiny of the records, this Court is convinced that in absence of the owner of the offending vehicle the claim cannot be determined. As a result, the impugned judgment and award dated 30.05.2014 delivered in T.S (MAC) 246 of 2013 by the Motor Accident Claims Tribunal, Court No. 2, West Tripura, Agartala which is under challenge in this appeal is set aside.