B.L.HANSARIA, T.N.SINGH
Narmada Choudhury and others, petitioners – Appellant
Versus
Motor Accident Claims Tribunal, Kamrup, Gauhati and others – Respondent
Dr. SINGH J. :- A short and, simple: point of law has been agitated in this writ application by two ex-Directors of a defunct company. Their grievance is that the Motor Accident Claims Tribunal purporting to act as an executing court substituted them as certificate-debtors in place of the defunct company against which an award was passed by the learned Tribunal. The pathology of the case is truly revealed by the following facts laid bare in its essential detail.
2. On 21-9-1962 one of the vehicles owned admittedly by M/s. National Transport (India) Pvt. Ltd. (hereinafter, the company) collided with, an engine of a running train at the Noonmati Railway level crossing near Gauhati. One Dulal Chandra Chaksaborty, an young typist aged 21, in employment of the hirer of the vehicle (M/s. Oil India Ltd.), traveling by the said Bus, in the course of employment, sustained serious injuries in the said accident resulting in his death. On a claim being preferred by Mahim Chandra Chakraborty, the father of the deceased, the Motor Accident Claims Tribunal, Gauhati, by its award dated 28-1-1975, passed in MAC Case No. 45(K)/72, allowed the same with, interest and costs and by the same ord
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