JUDGMENT

P. Sathasivam, CJI. –

1) This appeal is directed against the impugned final judgment and order dated 04.01.2007 passed by the Gauhati High Court in MAC Appeal No. 30 of 2003 whereby the High Court held that the claimant/appellant herein is entitled to a sum of Rs. 1,94,400/ – as compensation for the death of her husband in the motor vehicle accident and the same is payable by Abdul Salam – who was the registered owner of the vehicle at the relevant point of time and not by the State Government.

2) Brief Facts:

a) The appellant/claimant is a widow and mother of four children. On 16.02.1993, at about 10:15 a.m., the claimant’s husband died in a road accident by a speeding bus belonging to Md. Abdul Salam which was not insured and was under requisition of the State Government at the relevant time.

b) The appellant filed MAC Case No. 34 of 1993 before the Motor Accident Claims Tribunal (in short ‘the Tribunal’), Darrang, Mangaldai for compensation of Rs. 2,00,000/ – against the registered owner–Md. Abdul Salam. Sub Divisional Officer (Civil), Udalguri and the State of Assam were also impleded as parties in the said case.

c) The registered owner of the vehicle filed his reply conten