ESIMON BEWA AND OTHERS Vs. ORIENTAL INSURANCE CO.LTD. AND ANOTHER
HIGH COURT OF GAUHATI
Esimon Bewa And Others
Oriental Insurance Co.Ltd. And Another
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SONGKHUPCHUNG SERTO,J. -
(1.) This is an appeal under section 173 of M.V. Act, 1988, directed against the judgment and order dated 21.08.2010, passed by the learned Member MACT, Dhubri, in MAC Case No. 27/2007. The prayer of the claimant herein is mainly for enhancement of the award granted in the judgment.
(2.) Heard Mr. A.R Agarwala, learned counsel for the appellants and also heard Mr. S.K Goswami, learned Sr. counsel for the respondent No. 1 i.e. Oriental Insurance Company Ltd.
(3.) The brief facts leading to the filing of this appeal are stated as follows:
On 30.12.2006 at about 9:00 A.M., the husband of the appellant late Kalu Miah was knocked down by a Mahindra Safari bearing Registration No. AS-01/AA-3982 while he was travelling on his bicycle at Garerhat, Sonakhuli Pt.II. As a result of the same Kalu Miah died at the spot. Following the incident Golokganj P.S Case No. 357/06, under section 279/304-A/427 IPC was registered and post mortem was conducted on the dead body of late Kalu Miah. The appellant/claimant thereafter, filed a claim case being MAC No. 27/2007 before the MACT, Dhubri, claiming compensation for the death of her husband under the appropriate section of the M.V. Act. After the parties had adduced evidence and were heard, the learned Tribunal found the owner of the vehicle liable to pay compensation which was worked out as Rs. 3,21,500/- but since the vehicle was insured with third party policy, the respondent No. 1 in this appeal was directed to pay the amount. The operative portion of the judgment and award is given here below;
"The deceased is 45 years old and he has two sons, about 22 years and 20 yrs respectively. In absence of other cogent evidence I am inclined to accept notional income of the deceased as Rs. 3000/-. As he has two major sons, aged 22 and 20 years respectively and his wife is also 39 years old for which the age is considered as above 45 years and multiplier is taken as 13. As such, the total compensation comes as under:
As Insurer M/s Oriental Insurance Co is liable to pay the compensation.;
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