ANOWARA BEGUM AND 2 ORS. Vs. ABDUL KHALIQUE AND ANR.
HIGH COURT OF GAUHATI
Anowara Begum And 2 Ors.
Abdul Khalique And Anr.
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. J. Das, the learned counsel for the appellants as well as Mr. S. Dutta, the learned counsel appearing for the respondent No. 2.
(2.) This appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "MV Act") is preferred against the judgment and award dated 23.04.2013, passed by the learned Member, Motor Accident Claims Tribunal, Karimganj in MAC Case No. 6/2011, by which the respondent No. 2 was directed to satisfy the award of Rs. 3,99,000/-, inclusive of a sum of Rs. 50,000/- paid under no fault liability together with interest @ 9% per annum from the date of filing of the case i.e. 17.01.2011 till realization. The present appeal is for enhancement of award.
(3.) The case of the appellant in brief is that on 13.06.2010, the husband of the appellant No. 1 was driving a Scorpio vehicle bearing registration No. ML-04/A 4817. On national highway at Srikona Part-II, Silchar at about 12.30 pm on 13.06.2010, a bus bearing registration No. AS-11/B 4901 owned and driven by the respondent No. 1, which was being driven in a negligent and careless manner, hit the vehicle of the deceased. The deceased, namely, Late Jalal Uddin @ Jalal Ahmed, suffered grievous injury. He was shifted to Silchar Medical College and Hospital, where he succumbed to his injuries on 13.06.2010. The post mortem report of the dead body was conducted on 14.06.2010, wherein it was opined that the death occurred due to blunt force impact, consistent with vehicular accident. The appellants had filed a claim petition, which was registered as MAC Case No. 6/2011 before the learned M.A.C.T, Karimganj, claiming a compensation of Rs. 8,26,000/-. Both the respondents contested the case by filing their written statement. They had denied the employment of the deceased and his income and put the appellants to strict proof of their claim.;
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