HIMACHAL ROAD TRANSPORT CORPORATION Vs. INUMONI BEGUM
HIGH COURT OF GAUHATI
HIMACHAL ROAD TRANSPORT CORPORATION
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Rumi Kumari Phukan, J. -
(1.) Heard learned counsel Mr. S. Dutta for the appellant and also heard Ms. D. Das Roy for the respondents.
(2.) The appeal has been preferred against the order dated 4.5.2010 passed in MAC Case No. 2639/2008 wherein appellant has been directed to pay of sum of Rs. 10,59,000/- as award.
(3.) It is mentioned here that the claim petition was preferred by claimant Inumoni Begum u/s 166 MV Act, praying for compensation for the death of her husband Mozammil Ali in a motor vehicle accident on 24.4.2008 when he was travelling by vehicle No. HP 48-4519. On the fateful day while said Mozammil Ali was travelling in the aforesaid vehicle, due to the rash and negligent driving of the bus, the said vehicle met an accident and fell into a road side ditch, as a result of which said person died. The wife of the said person and the parents preferred the claim petition before the Tribunal contending that the deceased died due to the rash and negligent driving of the vehicle and the victim was a constable, having monthly salary of Rs. 9058/- and all the claimants were dependent upon his income and hence the compensation was sought for. The opposite party Himachal Road Transport Corporation (appellant herein) filed the written statement denying the allegation by submitting that the compensation claimed is highly excessuve and claimant has to prove the case by strict evidence.;
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