JUDGMENT :

(Michael Zothankhuma, J.) : -

1. Heard Mr. B. Baruah, learned counsel for the appellants as well as Mr. R. Goswami, learned counsel for the Insurance Company.

2. The issue raised is whether the definition of Light Motor Vehicle (in short, LMV) as provided under Section 2(21) of the Motor Vehicle Act, 1988 would include an Auto Rickshaw, which is a transport vehicle. The further question that has to be decided is as to whether the deceased, who is allegedly the owner of the Auto Rickshaw fulfills all the conditions required under the package policy provided by the Insurance Company, to enable the claimants to receive compensation under personal accident cover amounting to Rs. 2,00,000/-.

3. This appeal has been filed against the judgment dated 17.05.2013 passed by the learned Member, MACT, Lakhimpur, North Lakhimpur by which the MACT Case No. 32/2012 was dismissed.

4. The case of the appellants/claimants is that the husband of the appellant No. 3 died in a motor vehicular accident on 21.03.2012, when he lost control of the three wheeler Auto Rickshaw, which he was driving and hit a tree. The claim petition was filed by the appellants under Section 166 of the Motor Vehicle Ac