STHITI SUTRADHAR, W/O J R SUTRADHAR Vs. NIREN MAHANTA, C/O QUEEN TRAVELS
HIGH COURT OF GAUHATI
Sthiti Sutradhar, W/O J R Sutradhar
Niren Mahanta, C/O Queen Travels
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Rumi Kumari Phukan, J. -
(1.) This appeal is preferred against the judgment and order dated 16.09.2009 passed by the learned Motor Accident Claims Tribunal, Kamrup at Guwahati in MAC Case No.1089/2004 awarding compensation in favour of the claimant. After her death, her legal heir is substituted as appellant.
(2.) The question which has arisen in the appeal is, as to whether the legal heirs of the deceased claimant who sustained injury on the vehicular accident and died a subsequently unconnected with the injury, sustained in the road accident, are entitled to continue the claim for compensation?
(3.) One deceased Sthiti Sutradhar (hereinafter referred as original claimant), on 02-02- 2004 was travelling from Guwahati to Silchar by bus bearing registration No.AS 01-P-0170. At about 2-30 PM while the bus reached at Akhiah village, on NH 44 ,the bus over turned due to rash and negligent driving of the driver and as a result of the accident she sustained injuries all over the body including comminuted fracture of upper end of humerrus of right shoulder, dislocation of the right shoulder joint also. She preferred the claim petition praying for compensation of Rs. 9,00,000/- on account of the injury sustained by her in the accident. It is stated that she is a businessman having income of Rs. 5,000/- per month and due to the accident she has lost her memory and 50% of her head remains senseless and she is unable to move her right hand. The claim petition was registered as MAC Case No. 1089/2004 u/s 166 MV Act.;
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