ICICI LOMBARD GENERAL INSURANCE CO LTD Vs. MAYA RANI DAS AND ORS
LAWS(GAU)-2018-2-48
HIGH COURT OF GAUHATI
Decided on February 21,2018

ICICI LOMBARD GENERAL INSURANCE CO LTD Appellant
VERSUS
Maya Rani Das And Ors Respondents

JUDGEMENT

Kalyan Rai Surana, J. - (1.) Heard Mr. R. Goswami learned counsel for the appellant. None appears on call for the respondents although notices on all respondents has been duly served.
(2.) By this appeal under section 173 of the MV Act, the appellant has challenged the judgment and award dated 13.06.2012 passed by the learned Member, Motor Accident Claims Tribunal, Tinsukia in MAC Case No.91/2009, whereby an award of Rs.4,96,000/- was awarded with interest at the rate of 6% per annum from the date of filing of the claim petition i.e. 27.07.2009 till payment.
(3.) As per the claim petition, the deceased, namely, Ajoy Das was working as supervisor in a construction firm, namely, M/s. Paramount Builders and Suppliers, Gar Ali, Jorhat. He was working at the site of Bogibeel Railway Project, Dibrugarh. While working at site a Tipper vehicle bearing registration No.AS-23-G-1106, owned by respondent No.4, namely, M/s. Satyam Consortium, which was driven by respondent No.5 - Sebastian Taye in a rash and negligent manner, knocked him from the back side, resulting in serious and grievous injuries. He was rushed to the Assam Medical College and Hospital, Dibrugarh where he was declared dead. It was stated that the deceased was earning a monthly salary of Rs.4,500/- and the respondent No.1, being the mother of the deceased and the respondent No.2 and 3 being the sister and minor brother of the deceased, jointly filed a claim petition on the ground that they were dependants on the income of the deceased.;


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