1. This appeal by the Insurance Company is directed against the award dated 08-07-2008 passed by the learned Motor Accident Claims Tribunal, Court No.4, West Tripura, Agartala in case No. T.S. (MAC) 276 of 2006 whereby he awarded a sum of Rs.11,48,210/- in favour of the petitioner under the following heads:-

Loss of Income	Rs. 9,73,210/-
Medical expenses	Rs. 1,70,000/-
Pain and suffering	Rs. 5,000/-
Total	Rs.11,48,210/-

2. On behalf of the Insurance Company, it is firstly urged that the deceased was travelling in a vehicle which was being used as an ambulance and since the vehicle was not registered as an ambulance, it was being used contrary to the conditions of the permit and hence, the Insurance Company is not liable. Secondly, it is urged that the amount of compensation awarded is highly excessive.

3. Before dealing with the other issues, I would like to point out that this is again a case which has not been properly instituted before the Motor Accident Claims Tribunal. The title of the claim petition reads as follows:-

“Smt. Sabita Biswas, W/o. Sri Dulal Biswas, of Magur Charra, P.S. Manu Bazar, Dist. South Tripura. At present residing at C/o. Lt. Devi Prasad Roy, P.O. Usha Bazar, Vill. Chinahani (Usha Bazar), P.S. Airport, Dist. West Tripura Claimant-Petitioner.”

4. In the claim petition, it is alleged that the husband of Smt. Sabita Biswas, i.e. Dulal Biswas has suffered grievous injury and, therefore she is filing the petition. This is highly irregular. Under section 166 of the Motor Vehicles Act (M.V. Act), a claim petition can be filed either by the injured or by the owner of the property or where death has resulted from the accident by any of the legal representatives of the deceased. Clause (d) of sub-section (1) of Section 166 permits an agent duly authorised by the person injured or all or any of the legal representatives of the deceased to file an application. However, an agent can be duly authorised only by a power of attorney executed on behalf of the said agent. As far as the present case is concerned, there is no written document on record to show that Dulal Biswas had authorised his wife to file a petition on his behalf.

5. It may be true that Sri Dulal Biswas is unable to attend Court. It may also be true that he is suffering from 90% disability. However, either there should have been a power of attorney on his behalf or in favour of his wife permitting her to file the petition and appear on his behalf. There must be a proper authorization and no claim petition should be entertained unless there is a proper authorization. However, since this claim petition was filed in the year 2006 more than 8 years back and the factum of the accident is not disputed, I proceed to treat this claim petition as well as the appeal to be on behalf of and against Sri Dulal Biswas, S/O. Sudhir Ch. Biswas, C/O. Lt. Devi Prasad Roy, P.O. Usha Bazar, Vill. Chinaihani (Usha Bazar), P.S. Airport, District-West Tripura. The claimant Smt. Sabita Biswas will not be entitled to any compensation whatsoever.

6. This Court would like to make it clear that even in cases of minors, the claim petition has to be filed in the name of the minor. It may be filed through the next friend or natural guardian but the claimant has to be the minor. Similarly in cases where the injured is under a disability, such as where he is a lunatic or cannot for any other reasons file the claim petition himself, then also the claim petition even if filed by an authorised representative, has to be filed in the name of the person claiming the compensation though it may be filed by and through the person who has been appointed as the authorised person.

7. In petition under the M.V. Act, sometimes very large sums of money are awarded in favour of the claimants. Therefore, it is necessary to