NATIONAL INSURANCE CO. LTD. Vs. SHYAM RAI MAHANTA
HIGH COURT OF GAUHATI (AT: AGARTALA)
NATIONAL INSURANCE CO. LTD.
Shyam Rai Mahanta
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. S.S. Sarma, learned Senior counsel assisted by Ms. M. Mozumdar, learned counsel for the appellant as well as Ms. D.D. Roy, learned counsel appearing for the respondent No. 1 and 2/claimants. None appears on call for the respondent No. 3, although notice was duly served.
(2.) This appeal under Section 173 of the MV Act, 1988, is preferred against the judgment and award dated 02.02.2011, passed by the learned Member, M.A.C. Tribunal, Kamrup (M), Guwahati in MAC Case No. 2544/2005, awarding compensation of Rs.1,62,000/- together with 6% interest from the date of filing of the claim petition till realization.
(3.) The facts of the case is that the respondent No. 3 herein is the owner of the motorcycle bearing registration No. AS-01/V-2561. While riding the said motorcycle from Ganeshguri to Chandmari in Guwahati, the rider, namely, Dhrubajyoti Mahanta, met with an accident. As a result of the accident, he had sustained grievous injury and he had died. Claiming a compensation of Rs.6,75,000/-, i.e. the claimants, respondents No. 1 and 2 herein, who are the parents of the deceased projected that the deceased was 20 years of age and was self employed, having a monthly income of Rs.3,000/-. It was stated that the motorcycle was duly insured with the appellant herein. The appellant appeared in the case and filed their written statement. The respondent No. 3 did not contest the case and proceeded ex-parte against him. On the basis of the pleading, the learned Tribunal framed the following issues for adjudication:
(i) Whether the victim Dhrubajyoti Mahanta died in the alleged accident dated 10.10.2005, arising out of the use of motor vehicle No. AS-01/V-2561?
(ii) Whether the present claim petition by the legal representatives of the deceased Dhurubajyoti Mahanta is maintainable?
(iii) Whether the claimants are entitled for compensation as claimed for? If so, from whom it may recoverable and to what extent? ;
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