JUDGMENT

1. Matter taken up via video conferencing.

2. A motor vehicle accident claim application was preferred before the Member, Motor Accident Claim Tribunal (MACT) at Nongpoh, Ri-Bhoi District by the respondent No.1 herein which application was registered as MACT Case No. 1 of 2010, later re-registered as MACT Case No. 5 of 2015.

3. The filing of the said MAC case was occasioned by the death of the husband of the appellant/claimant who died as a result of a motor vehicle accident which occurred on 15.07.2008 at about 10:45 a.m. at a place called Down Gate, Nongpoh.

4. From the particulars given in the claim application, what could be seen is that the deceased husband of the appellant who was a pedestrian while trying to cross the road at Down Gate, Nongpoh was hit by a tourist taxi bearing registration No. ML-05-F-3806 being driven in a rash and negligent manner causing grievous injuries on the person of the said deceased who succumbed to the said injuries.

5. In this regard, an FIR was filed before the Nongpoh police station and a case being Nongpoh PS Case No. 84(7)/08 u/s 274