RANJIT DAS Vs. SAJIB PAUL

JUDGEMENT

(1.) This appeal by the claimants is directed against the award dated 16.12.2010 whereby, the learned Tribunal rejected the claim of the petition on the ground that the claimants being the brothers of the deceased were not entitled to any compensation under Section 163A of the Motor Vehicles Act.

(2.) Briefly stated the facts of the case are that the claimants who are the major brothers of the deceased filed a petition claiming compensation under Section 163A of the Motor Vehicles Act. In the claim petition, it is mentioned that the deceased was travelling in Truck No.AS-25-C-7424 from Guwahati to Agartala as driver of the vehicle. In Para 16 itself it is again reiterated that the deceased himself was the driver of the vehicle involved in the accident. In Para 19, it is stated that all the claimants are brother of the deceased. Against Para 20, it is stated that the petitioners are entitled to get compensation under Section 163A of the Motor Vehicles Act. In the claim petition, it is also stated that when the truck being driven by deceased Raman Das reached at Kalabagan at about 3.00 p.m. at that time, the said vehicle fell into a ditch to save one pedestrian and therefore, the truck met with an accident. The deceased died as a result of injuries sustained during this accident. It is also stated that the claimants filed a petition before the Commissioner, Workmen's Compensation, West Tripura, Agartala under the Workmen's Compensation Act and during the pendency of the petition filed under the Workmen's Compensation Act it was detected that the petition had some formal defect and due to that formal defect the petition would be dismissed. Considering the fact that the petition was likely to be dismissed the petitioner decided to withdraw the same with liberty to approach Forum afresh.

(3.) The order passed by the Workmen's Compensation Commissioner reads as follows:-