NIMAI SAHA @ SRI NIMAI CH SAHA AND 3 ORS Vs. MD ATOWAR RAHMAN AND 2 ORS
HIGH COURT OF GAUHATI
Nimai Saha @ Sri Nimai Ch Saha And 3 Ors
Md Atowar Rahman And 2 Ors
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Mir Alfaz Ali, J. -
(1.) Heard Mr. A. Mannaf, learned counsel for the appellant and Mr. K.K. Dey, learned counsel for the respondent.
(2.) This appeal is by the claimant against the judgment and award dated 11.01.2016 passed by the MACT, No. 3, Kamrup, Guwahati in MAC Case No. 1830/2010.
(3.) The facts of the case in a nutshell, which may be necessary for disposal of this appeal are that on 18.04.2010, Bapan Saha was proceeding by riding his motorcycle from Sarbhog towards Roy Petrol Pump. When he reached near Gandaguri diversion of the National Highway, the offending vehicle bearing registration No AS-15-C-1838, which was coming from the opposite direction and driven in a rash & negligent manner hit the motorcycle and as a result of the accident Bapan Saha sustained injury and died. The parents and other legal representatives of the deceased filed a claim petition before the MACT seeking compensation and the learned Tribunal, by the impugned award granted a compensation of Rs. 5,84,000/-. However, learned Tribunal attributing 50% contributory negligence to the deceased, deducted 50% of the compensation determined by the Tribunal and directed the respondent insurer of the vehicle No. AS-15-C-1838 to satisfy 50% of the award.;
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