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2015 Supreme(Tri) 485

DEEPAK GUPTA
Aparna Bhowmik – Appellant
Versus
Swapan Deb – Respondent


Advocates:
Advocate Appeared:
For the appellant :Mr. B.N. Majumder, Advocate, Mr. D.J. Saha, Advocate
For the respondent No.1.:Mr. P. Gautam, Advocate.

JUDGMENT :

This appeal by the claimant is directed against the award dated 31.05.2011 passed by the learned Motor Accident Claims Tribunal (MACT), Court No.3, West Tripura, Agartala in T.S. (MAC) 373 of 2009, whereby he dismissed the claim petition filed by the claimant solely on the ground that since she was a married sister of the deceased she was not entitled to any compensation.

2. Briefly stated the facts are that deceased Biswajit Das, who was a bachelor sustained injuries in a motor vehicle accident involving Canter Truck No.TR-01-E-1849 and Bus No.TRS-0702. The Canter Truck was insured with the National Insurance Company and the bus was insured with the New India Assurance Company. The claimant who is the married sister of the deceased filed the claim petition in which she also arrayed as proforma respondents her sisters Smt. Soma Dhar, Smt. Kalpana Bardhan and Smt. Anjali Chanda all of whom are also married. The learned Tribunal held that the claimant has not proved the survival certificate on record and therefore, it cannot be said with certainty that the claimants are the only legal heirs of the deceased. He further held since none of the sisters were dependent on the dece















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