NEW INDIA ASSURANCE CO. LTD Vs. BIBEK BARHOI AND ORS.
LAWS(GAU)-2018-8-124
HIGH COURT OF GAUHATI
Decided on August 29,2018

NEW INDIA ASSURANCE CO. LTD Appellant
VERSUS
Bibek Barhoi And Ors. Respondents

JUDGEMENT

MIR ALFAZ ALI,J. - (1.) This statutory appeal under section 173 of the MV Act is filed by the Insurance Co. against the judgment and order dated 31-3-2014 passed by MACT, Tezpur in MAC Case No. 120/2010.
(2.) The brief facts of the case were that on 18-9-2009 one Biswajit Baroi (since deceased) visited the house of his uncle, where the respondent No. 1, the owner of the vehicle bearing registration No. AS-12/D -2485 was also present. From the house of his uncle, the deceased Biswajit Baroi proceeded by riding the motorcycle of the respondent No. 1 for some works. While he was proceeding by riding the motorcycle, suddenly, a cow tried to cross the road and in order to save the cow, when he applied the break, the motorcycle capsized and consequently, he fell down. As a result of the accident, he sustained injury and died on the spot. The parents of the deceased filed an application praying for compensation and the learned tribunal by the impugned judgment, awarded a compensation of Rs. 4,45,000/- with interest @ 7.5% from the date of filing of the claim petition.
(3.) Aggrieved by the award, the Insurance Co. preferred the appeal.;


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