- (1.) THIS appeal by the claimants -appellants is directed against the judgment and award passed by the Motor Accident Claims Tribunal, Pakur in Motor Vehicle Claim Case No. 13 of 2004 whereby he dismissed the claim case holding that the identity of the offending vehicle has not been proved and the accident took place by which vehicle is doubtful.
(2.) THE claimants who are the widow and minor daughter filed the aforementioned claim case claiming compensation on the ground that the deceased -husband of appellant No. 1, Gurupada Saha, was a passenger in a truck bearing No. UTW 9222 and while he was trying to get down from that truck, the truck proceeded, as a result of which, he fell on the ground and came under the wheel. The owner of the aforesaid truck bearing registration No. UTW 9222 appeared and denied the factum of accident by the said truck. However he stated that truck No. UTW 9222 was insured with the respondent -Insurance Company.
(3.) THE respondent -Insurance Company also appeared and contested the case on the ground, inter alia, that the truck in question i.e. truck bearing No. UTW 9222 was a goods carrying vehicle and, therefore, the Insurance Company has no liability to' any person travelling in a goods carrying vehicle as a passenger.;