LABANYA HAZARIKA AND OTHERS Vs. MEGHALAYA CARBIDE AND CHEMICALS P. LTD. AND OTHERS
LAWS(GAU)-2018-8-123
HIGH COURT OF GAUHATI
Decided on August 29,2018

Labanya Hazarika And Others Appellant
VERSUS
Meghalaya Carbide And Chemicals P. Ltd. And Others Respondents

JUDGEMENT

RUMI KUMARI PHUKAN,J. - (1.) Heard Mr. A.K. Dutta, the learned counsel appearing for the appellants. Also heard Mr. M. Agarwalla, learned counsel appearing for the respondent No. 1 and Ms. R.D. Mozumdar, learned counsel appearing for and on behalf of the Oriental Insurance Co. Ltd. (respondent No. 2).
(2.) The appellants herein have initially filed the application under Section 166 of the Motor Vehicle Act, 1988, before the learned Motor Accident Claims Tribunal No. 1 at Guwahati for the death of their son/brother Rupak Hazarika, in a motorbike accident as on 25.12.2001, at Byrnihat. It is stated that at the relevant time, the deceased Rupak Hazarika was an employee under the Meghalaya Carbide and Chemical (P) Ltd. (respondent No. 1). He was aged about 25 years.
(3.) At the time when the first petition was moved, there was four claimants i.e. parents, brother and sister of the deceased and all of them has preferred the claim petition, claiming compensation for the death of Rupak Hazarika. Subsequently, the said petition was amended to one under Section 163(A) of the Motor Vehicle Act and one of the claimants i.e. Tuleswar Hazarika died during the pendency of the appeal.;


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