KHUSBOO CHIRANIA @ KANTA CHIRANIA AND 3 ORS Vs. KAMAL KUMAR SOVASARIA AND ANR
LAWS(GAU)-2018-9-4
HIGH COURT OF GAUHATI
Decided on September 03,2018

Khusboo Chirania @ Kanta Chirania And 3 Ors Appellant
VERSUS
Kamal Kumar Sovasaria And Anr Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.) Heard Mr. A.R. Agarwala, learned counsel appearing for the appellants. Also heard Ms. R.D. Mozumdar, learned counsel appearing for and on behalf of the National Insurance Co. Ltd. (respondent No.2).
(2.) The present appeal has been preferred under Section 173 of the Motor Vehicle Act, 1988, challenging the judgment and order dated 5.7.2013, in the MAC Case No.384/2004, whereby the learned Member, Motor Accident Claims Tribunal, Dhubri, has awarded compensation to claimant Mrs. Khusboo Chirania @ Kanta Chirania (appellant herein) for the death of her husband Pawan Kumar Chirania in a road traffic accident.
(3.) Briefly stated, the case of the claimant is that on 9.5.2003, when the husband of the claimant was standing by the side of the NH-31, at South Raipur near Nandini Bridge, at that time he was knocked down by a vehicle (Vespa Scooter) bearing Regn. No.AS-17/0715, driven by the driver in a rush and negligent manner. As a result, the victim sustained multiple grievous injuries on his person and severe head injury and there was complete collapse of brain function apart from other fracture of bone also. Although the victim was provided all possible treatment from the local hospital to GNRC, Guwahati and to Vellore also but the condition of the victim did not improve. The brain operation of the victim was also done twice but of no result. The victim was stated to be completely bed ridden and permanently disabled and due to continuous disability, the victim died on 21.4.2006, out the said brain injury. The wife of the deceased preferred the claim petition claiming compensation for the death of her husband including the expenditure incurred while continuing the treatment and all other compensation admissible under the law.;


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