KRISHNA KANTA BARUAH, SON OF LATE DAMODHAR BARUAH Vs. DIGANTA DAS, SON OF NILAMBAR DAS
LAWS(GAU)-2018-9-122
HIGH COURT OF GAUHATI
Decided on September 20,2018

Krishna Kanta Baruah, Son Of Late Damodhar Baruah Appellant
VERSUS
Diganta Das, Son Of Nilambar Das Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.) Heard learned counsel for the appellant Mr. A K Gupta. Also heard Mr. S Dutta, learned senior counsel for the respondent No. 3/Insurance Company as well as Mr. I A Talukdar, learned counsel for the respondent No. 1 & 2/ owner and driver of the vehicle.
(2.) The appeal has been preferred against the judgment dated 30.05.2015 passed by learned Member -1, MACT, Tinsukia in MACT Case No. 32/2011.
(3.) Briefly stated the case of the claimant is that on 6.9.2010 at about 12:45 P.M on National Highway No. 38 near No. 1 Borbil under Digboi PS, Anima Baruah (since deceased) boarded into the Auto rickshaw bearing Registration No. AS-3-AC-3943 to go her residence. On the way the vehicle met with an accident due to rash and negligent driving by its driver namely Binay Borgohain/OP No. 2, as a result of which, she sustained grievous injury on her person. Although, she was taken to hospital for treatment but she succumbed to her injuries on 19.09.2010 in the hospital. The deceased left behind her husband, two unmarried daughters and a son. A police case was also registered at Digboi PS Case No. 302/2010 u/s 279/337/338/304-A/427 of the IPC against the driver of the said vehicle and case ended at charge-sheet.;


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