C. PANGTHUAMA Vs. STATE OF MIZORAM
HIGH COURT OF GAUHATI (AT: AIZAWL)
STATE OF MIZORAM
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NELSON SAILON,J. -
(1.) Heard Mr. Lalfakawma, the learned counsel for the appellant as well as Mrs. Linda L. Fambawl, the learned Government Advocate appearing for all the respondents.
(2.) This is an appeal against the Judgment and Order dated 10.03.2017, passed by the learned Presiding Officer, MACT, Aizawl in MACT Case No. 6/2014. Before adverting to the grounds taken by the appellant, the brief facts for disposing the appeal may be noticed at the outset.
(3.) The case of the claimant/appellant is that on 23.05.2008 at 5:00 p.m., one fire tending vehicle bearing registration No.MZ-01D/6660 belonging to the Home Department, Government of Mizoram, driven by Sh. Lalawmpuia Hnamte, a fireman posted at Champhai ran over Smt. Lalzarmawii, D/o C. Zaliana (L) at Champhai Venglai in Champhai. As a result, Smt. Lalzarmawii expired on the spot. In view of her death, claim petition under Section 166 of the Motor Vehicles Act, 1988 (MV Act) came to be filed by the appellant, who is the brother of the deceased, against the respondents including the driver of the accident vehicle. The claim however, was dismissed vide Judgment and Order dated 22.09.2015, on the ground that the appellant failed to prove that he was dependent upon the deceased and that the income of the deceased was also not proved.;
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