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CASE NO.:

Appeal (civil) 3216 of 2007

PETITIONER:

Mrs. Hafizun Begum

RESPONDENT:

Md. Ikram Heque and Ors

DATE OF JUDGMENT: 24/07/2007

BENCH:

Dr. ARIJIT PASAYAT & D.K. JAIN

JUDGMENT:

J U D G M E N T

CIVIL APPEAL NO. 3216 OF 2007

(Arising out of S.L.P. (C) No. 15012 of 2005)

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. An interesting question has been raised in this appeal

about the acceptability of claim for grant of compensation

when the relatives are legal heirs but are not dependants of

the deceased, before the Motor Accident Claims Tribunal,

Darrang, Mangaldoi (in short "Tribunal").

3. Appellant claimed to be the wife of one Md. Nurul Hoque.

She assailed the validity of the order dated 30.5.2005 in

Petition No.382/2005 filed by the brothers of aforesaid Md.

Nurul Hoque (hereinafter referred to as the ’deceased’) in MAC

Case No.139/2001 filed under the Motor Vehicles Act, 1988

(in short the ’Act’).

4. Learned counsel for the appellant submitted that the

brothers of the deceased did not depend on him and they had

no right to file a petition which was allowed. The High Court

f