IMPORTANT POINT
The court established that a claimant under the Motor Vehicles Act should be given an opportunity to amend their petition when the tribunal improperly converts the claim from one section to another, ensuring that the claimant's rights are protected.

JUDGMENT :

Budi Habung, J.

Heard Mr. A. Biswas, learned counsel for the appellant. I have also heard Mr. P.J. Barman, learned counsel for the respondent No.1 and Mr. P.P. Borthakur, learned counsel for the respondent No.2

2. This is an appeal under section 173 of the Motor Vehicles Act, 1988 preferred against the judgment and order dated 15.2.2016 passed by the learned Member, Motor Accident Claims Tribunal, Golaghat in MAC Case No.5/2013, whereby the claim petition of the appellant has been dismissed.

3. The case of the claimant in brief is that on 03.01.2012 at about 10.20 AM, while her deceased husband Din Dayal Ram was coming towards Golaghat side by riding a motor cycle bearing registration No.AS-05-D-1021 in a moderate speed along with one pillion rider along the National Highway-37, Rangajan, one truck came from opposite direction driving in rash and negligent manner without leaving any space for crossing, as a result the deceased somehow managed to escape from collision with the truck, but in the process he lost control over the motor cycle and dashed against a tree as a result he and pillion rider sustained injuries. After the accident the offending truck managed to flee away. However, the deceased was immediately taken to hospital whereafter he died.

4. The further case of the appellant is that the deceased had possessed valid and effective driving license at the time of the accident. He was working as Sweeper in a Deithor PHC, Karbi Anglong and drawing a salary of Rs.14,841/- per month. The deceased was aged about 38 years. He died leaving behind him his old parents, the claimant wife and minor children as dependants.

5. Later on, the claimant filed a MACT case under section 163A of the motor Vehicles Act seeking compensation of Rs.29,74,720/- along with interest at the rate of 9% per annum from the opposite party on account of death of her deceased husband Din Dayal Ram in the said motor vehicle accident.

6. The opposite party herein contested the claim by filing written objection denying all relevant averments with a legal plea that no cause of action has arisen to file the claim petition against them. Basing on the pleadings and documents submitted by the parties, the learned Tribunal framed the following issues: -

(i) Whether there is any rash and negligent driving on the part of the driver of the vehicle No.AS-05-D-1021 that caused the accident on 03-01-2012 at 10.20 AM at Rangajan NH-39 at Golaghat under Golaghat Police Station?

(ii) Whether Late Din Dayal Ram sustained grievous injuries as a result of such accident and died?

(iii) Whether the claimant is entitled for any compensation? If so, what is the quantum of compensation and from whom?

(iv) Any other relief?

7. The learned Tribunal observed that in view of the claim petition being filed under section 163A of the Motor Vehicles Act claiming compensation on account of the death of the husband of the claimant and as under section 163 A(2) of the Motor Vehicles Act, the claimant does not required to establish that the death or permanent disablement in respect which claim has been made was due to any wrongful act or default of the owner of the vehicle concerned or any other person, the Issue No.1 is a redundant one.

8. The Issue No.2 was decided in affirmative and held that the deceased sustained grievous injuries as a result of the said Motor vehicle accident and died.

9. With regard to the issue No.3, related to the entitlement of compensation, the learned Tribunal while discussing the said issue has suddenly shifted from section 163A of MV Act, 1988 to 166 MV Act,1988 and held that the claimant is entitled to get compensation under section 166 of the Motor Vehicles Act. And as the claim petition has not been filed as per the guidelines laid down in section 166 of the Motor Vehicle Act, on the basis of the claim petition, no compensation can be awarded for death of her husband on account of motor accident. Thus, the application filed under section 163A of the Motor Vehi