NATIONAL INSURANCE COMPANY LIMITED, MIDDLETON STREET, CALCUTTA Vs. UMA KANTI KONWAR
HIGH COURT OF GAUHATI
National Insurance Company Limited, Middleton Street, Calcutta
Uma Kanti Konwar
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Rumi Kumari Phukan, J. -
(1.) Heard Ms. R. D Mozumdar, learned counsel for the appellant and Mr. G Uddin on behalf of the respondent Nos. 1 and 2.
(2.) The appeal is directed against the judgment and award dated 24.7.2014 passed by learned Additional District Judge No. 4, (FTC), Kamrup in MAC Case No. 836/2005 u/s 173 of the Motor Vehicle Act.
(3.) Brief fact of this case is that the respondent No. 1 Sri Jugananda Konwar was the owner of the motor cycle and the same was duly insured with the Insurance Company Ltd. (respondent No. 2). On 28.09.2005, at about 10:00 P.M his son (Khargeswar Konwar) while riding the said motor cycle from Chabua Mission to Chabua panitola Block at normal speed and met with an accident at Chabua Sidding when he suddenly slipped with the motor cycle on the road due to loss of control as there was pilferage of burnt engine oil (mobil) on the road surface. As a result of the said accident, said Khargeswar Konwar died on the spot. It was contended that there was no negligence on the part of the deceased person. The deceased person was working as a Assistant Manager in a construction firm namely M/s M.M. Associates, Guwahati and was earning salary of Rs. 4,800/- per month, aged about 23 years old. The mother of the said deceased person preferred the claim petition before the Tribunal claiming compensation of Rs. 11,00,000/- for the death of her son as aforesaid.;
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