TAFATUN NESSA AND ANR Vs. UNITED INDIA INSURANCE CO LTD AND 2 ORS
HIGH COURT OF GAUHATI
Tafatun Nessa And Anr
United India Insurance Co Ltd And 2 Ors
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Kalyan Rai Surana, J. -
(1.) Heard Mr. G. Baishya, learned counsel appearing for the appellants. Also heard Ms. I. Das, learned counsel appearing for the respondent No. 1. None appears on call for the respondents No. 2 & 3, as such, this appeal has been heard ex-parte against them.
(2.) This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 18.06.2009 passed by the learned Additional District Judge No. 3 (FTC) and Member, MACT Guwahati in MAC Case No. 1179/2007 (MAC Case No. 475/02-Old).
The appeal is for enhancement of award.
(3.) The appellants are the parents of the deceased, Farid Ali. The deceased was working as a conductor in a passenger bus bearing Registration No. AS-25-B-8996 belonging to the respondent No. 2. On the date of the accident, the respondent No. 3 was driving this vehicle.
On 11.12.2001 at about 9-45 AM, when the deceased was on duty in the bus, the deceased fell down from the bus due to rash and negligent driving of the vehicle by the respondent No.3. As a result of the accident, the deceased died on spot. By projecting that the deceased was earning Rs.6,000/- per month and the appellants as well as 7 minor siblings were dependent on his income, the appellants filed the claim petition and prayed for compensation of Rs.11,12,000/-.;
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