LAKHMI BARUAH Vs. SUCHIL KUMAR THAKURIA AND 3 ORS
LAWS(GAU)-2018-12-10
HIGH COURT OF GAUHATI
Decided on December 04,2018

Lakhmi Baruah Appellant
VERSUS
Suchil Kumar Thakuria And 3 Ors Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. B. Pushilal, learned counsel for the appellant. Also heard Mr. R. Goswami, learned counsel appearing for the respondent No. 3 and Mr. R.K. Agarwal, learned counsel for the respondent No. 4. None appears for the respondent Nos. 1 and 2.
(2.) The award dated 30-07-2011 passed by the learned Member, MACT, Morigaon in MAC Case No. 11/2002 has been put under challenge in the present appeal by the claimant basically on two grounds. Firstly that the learned Tribunal had committed an error in failing to compute the loss of dependency by taking proper note of the salary earned by her deceased husband from his profession as driver. Secondly, the learned Tribunal ought not to have deducted the amount of family pension payable to her while computing the loss of dependency.
(3.) The facts of the case, in a nutshell, are that the husband of the appellant, who is an ex-serviceman, was employed as a driver in vehicle AS-12D-6574 after his retirement and was drawing a salary of Rs. 3000/- per month besides earning a pension of Rs. 3891/- per month. In an accident of the vehicle that took place on 14-12-2007, the husband of the appellant had died. Hence, the claim petition.;


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