ORIENTAL INSURANCE COMPANY LTD. Vs. SMTI DIPALI DAS AND 4 ORS.
LAWS(GAU)-2018-3-104
HIGH COURT OF GAUHATI
Decided on March 15,2018

ORIENTAL INSURANCE COMPANY LTD. Appellant
VERSUS
Smti Dipali Das And 4 Ors. Respondents

JUDGEMENT

KALYAN RAI SURANA,J. - (1.) Heard Mr. S. Dutta, learned Counsel appearing for the appellant. Also heard Mr. T. Islam, learned Counsel appearing for the respondents No. 1, 2 and 3 and Mr. A. K. Deka, learned Counsel for respondent No. 5. No one appears on call for the respondent No. 4.
(2.) This appeal under section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 09.03.2015, passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M), Guwahati (hereinafter referred to as "Tribunal") in MAC Case No. 2386 of 2012.
(3.) The respondents No. 1, 2 and 3, are the claimants in MAC Case No. 2386/12. In the claim petition it was stated that on 26.11.2012, Durlav Chandra Das (the deceased) was riding his scooter bearing registration no. As-01-AP-8699. At Maligaon Gate No.1, the offending truck bearing registration no. AS-01-BC-2963 came from the back side in a rash and negligent manner and in a high speed and knocked down the deceased from behind. As a result of the accident, he had suffered grievous injuries. He was shifted to GMCH, Guwahati for treatment, but he succumbed to his injuries. At the time of his death, the age of the deceased was 56 years and he was working as CCC (Chief Coaching Clerk) in the Railways and it was stated that he was getting a monthly salary of Rs. 37,654/- (Rupees Thirty seven thousand six hundred and fifty four only). The respondents No. 1, 2 and 3 being the wife and the daughters of the deceased, had filed their claim petition and had prayed for a compensation of Rs. 50.00 lakh.;


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