NATIONAL INSURANCE COMPANY LTD Vs. BIJAYA BHUYAN AND 4 ORS
LAWS(GAU)-2018-10-76
HIGH COURT OF GAUHATI
Decided on October 31,2018

NATIONAL INSURANCE COMPANY LTD Appellant
VERSUS
Bijaya Bhuyan And 4 Ors Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) This appeal is directed against the judgment and award dated 11.07.2014 passed by the learned Motor Accidents Claims Tribunal, Tinsukia in MAC Case No. 42/2012.
(2.) The brief facts, which may be relevant for disposal of this appeal are that on 16.01.2013 one Ajoy Bhuyan (since deceased), was travelling in the vehicle bearing registration No. AS-23-D-8857, which collided with the bus bearing registration No. AS-06-AC4749 and consequently, said Ajoy Bhuyan and one Dipen Bhuyan sustained injuries and died. The mother of the deceased Ajoy Bhuya filed an application under Section 163A of the Motor Vehicle Act seeking compensation. On appreciation of the evidence and materials on record, learned Tribunal made an award of Rs. 16,19,000/- in favour of the claimant, mother of the deceased. The compensation was calculated taking the annual income of the deceased as Rs. 1,78,000/- deducting 50% there from towards personal expenses and applying multiplier 18 having regard to the age of the deceased. The National Insurance Co. Ltd. being the insurer of the offending vehicle bearing registration No. AS-01-AC-4749 was saddled with the responsibility to satisfy the award.
(3.) Aggrieved by the award, National Insurance Company Limited preferred the instant appeal.;


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