NEW INDIA ASS CO LTD Vs. KALAWATI DEVI AND 8 ORS
LAWS(GAU)-2018-9-86
HIGH COURT OF GAUHATI
Decided on September 17,2018

NEW INDIA ASS CO LTD Appellant
VERSUS
Kalawati Devi And 8 Ors Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.) Heard Mr. RC Paul, learned counsel for the appellant and Mr. G Jalan, learned counsel for Respondent Nos. 1 to 4. Also heard Mr. A Dutta, learned counsel for Respondent No.9.
(2.) The present appeal has been preferred against the judgment and award dated 25.6.2010 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup at Guwahati in MAC Case No. 2882/2006.
(3.) The respondent-claimant Kalawati Devi along with her minor children preferred a claim petition before the Motor Accident Claims Tribunal (for short, hereinafter referred to as 'the Tribunal') for the death of her husband in a road traffic accident. The case of the claimant is that on 17.2.2006, while her husband who was a labourer by profession, was travelling in an Auto Van bearing Registration No. AS-09-9935, all of a sudden the said vehicle was knocked down by another vehicle bearing Registration No. NL-05/B-0543 (Bus) at Manja Diphu Road. As a result of the accident, claimant's husband sustained grievous injuries and died on the spot. A case was also registered against the said bus vide Diphu PS Case No. 29/06 u/s 279/338/437/304-A IPC. Contending that her husband died in the said accident due to rash and negligent driving of the driver of the said bus, a claim petition was filed praying for adequate compensation.;


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