Decided on March 29,2018

Johura Khatun W/O Late Waz Ali And Ors. Appellant
Oriental Insurance Co. Ltd. and Anr. Respondents


SONGKHUPCHUNG SERTO,J. - (1.) AND ORDER Heard Mr. Talukdar, learned counsel for the appellant and also heard Mr. SK Goswami, learned counsel appearing for the respondent No. 1.
(2.) This is an appeal praying for enhancement of the award granted in the judgment dated 18.01.2014, passed by the learned MACT, Morigaon, in MAC Case No. 102/2010.
(3.) The brief facts leading to the filing of this case are briefly stated as follows; On 13.06.2010 late Waz Ali husband of the appellant No. 1 and father of the appellants No. 2, 3 and 4 was on his way to Dalang ghat from Borchila Chariali on foot. When he was about to reach Borchila near Water Supply a motorcycle being Registration No. AS-02/F-8762 driven by the respondent No. 2 came from behind and knocked him down causing grievous injuries on his body. Soon after the accident happened he was taken to the Morigaon Civil Hospital but after about one and half hour he succumbed injuries. After his death, post mortem was conducted and necessary investigation were also conducted by the Mikirbheta P.S and an FIR Case No. 70/2012 was registered. The appellants/claimants thereafter, filed a claim case before the learned MACT, Morigaon, claiming a compensation of Rs. 8,00,000/-. Written statement were filed by both the respondents however, owner of the vehicle did contest eventually. Only two witnesses were examined. One was the appellant No. 1 claimant Mustt. Johura Khatun and one independent witness. After the evidence were adduced the parties were heard and the learned Tribunal passed the impugned judgment. The operative part of the judgment is given here below; "In the light of the above discussions and the decisions arrived at, the claim of the claimant Mustt. Johura Khatun, Md. Ramjan Ali, Md. Najumuddin and Md. Nazrul Islam is allowed on contest for an award of the Rs. 3,37,000.00 (Rupees three lakhs thirty seven thousand) only. It transpires from the record that the affidavit annexed with the claim petition does bear the declaration that no other claims case is filed in any other Tribunal or Authority. So, it is directed that the claimant shall submit an Affidavit to that effect within 30 (thirty) days, from the date of this award. The opposite party No. 1 i.e. Oriental Insurance Co. Ltd., Nagaon Branch, Nagaon is directed to pay the said amount within 90 (ninety) days from the date of submission of the said Affidavit by the claimant with the simple interest @ 6% per annum w.e.f. 22.07.2010 i.e. the date of filing of the case, subject to adjustment of any amount, already paid in favour of the clamant. Opposite party No. 1 be informed immediately to pay the compensation, on receipt of the affidavit from the claimant as directed above. In the event of failure to pay the awarded amount within time, as directed above, an additional interest @ 9% will be levied from the date of passing this order, payable by the opposite party No. 1. Similarly, claimants cannot claim interest for the delayed period, if they submit the Affidavit after expiry of the prescribed period. Office will take note of the matter accordingly. 20. A copy of the judgment and order be sent to the opposite party No. 1 to do the needful at their end, in the light of the directions passed in this judgment and order. JUDGEMENT is delivered in the open Court on this 18th day of January, 2014 under my hand and seal. Dictated and corrected by me. Member MACT,Morigaon.";

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