JITUMONI SAIKIA AND ANOTHER Vs. SUNIL KR. VERMA AND ANOTHER
LAWS(GAU)-2018-4-134
HIGH COURT OF GAUHATI
Decided on April 19,2018

Jitumoni Saikia And Another Appellant
VERSUS
Sunil Kr. Verma And Another Respondents

JUDGEMENT

KALYAN RAI SURANA, J. - (1.) Heard Mr. P. Sundi, learned counsel appearing for the appellant as well as Mr. J. Rahman, learned counsel appearing for the respondent No. 1. Also heard Mr. R. Goswami, learned counsel appearing for the respondent No. 2.
(2.) By this appeal under section 173 of the Motor Vehicles Act, 1988, the appellant has prayed for enhancement of the award vide judgment and order dated 21.05.2011 passed by the learned Member, Motor Accidents Claim Tribunal, Sonitpur, Tezpur in MAC Case No. 48/2007.
(3.) As per the claim petition, on 09.12.2006, while the deceased, Kartik Saikia was driving a scooter and reached Milanpur Patiapara, his scooter developed a mechanical defect. He sought help of one Golap Bora to repair the scooter. At about 8.10 p.m., a dumper truck bearing Registration No. AS-01Q-5539, driven in a rash and negligent manner hit the scooter and dragged both the persons along with the scooter for about 1 km from the place of accident. As a result of the accident, the predecessor of the appellants died on the spot. The police registered Tezpur PS Case No. 743/06 under Section 279/338/304(A)/427 IPC against the driver of the truck and the appellants prayed for compensation of Rs. 20,00,000/- (Rupees Twenty lakh only). There is no dispute as regards the death of the victim, age and income of the deceased victim. In the written statement, the appellants had taken usual pleas and had put the onus on the appellants to prove the claim.;


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