MARAMI MAHANTA Vs. THE BRANCH MANAGER, UNIVERSAL SAMPO GENERAL INSURANCE COMPANY LIMITED.
LAWS(GAU)-2018-11-9
HIGH COURT OF GAUHATI
Decided on November 16,2018

Marami Mahanta Appellant
VERSUS
The Branch Manager, Universal Sampo General Insurance Company Limited. Respondents

JUDGEMENT

- (1.) Heard Mr. AK Purkayastha, the learned counsel for the appellant as well as Mr. R. Goswami, the learned counsel for the sole respondent.
(2.) By this appeal under Section 173(1) of the Motor Vehicles Act, 1988, the appellant has prayed for enhancement of the award passed in the judgment and order dated 26.09.2013 passed by the learned Member, MACT, Darrang, Mangaldoi in MAC Case No. 241/2011. By the said judgment, an compensation of Rs. 4,24,367/- was awarded in favour of the appellant/claimant with interest @6% per annum from the date of filing of the claim petition.
(3.) The brief facts of the case is that on 05.05.2011, while one Dorothey Mahanta was proceeding from Christianbasti towards Dispur by city bus bearing Registration No. AS-01-AC/4884, due to rash and negligent driving, she fell down from the bus in front of SBI, Dispur Branch. As a result of the accident, she suffered grievous head injuries and thereafter she was admitted in a private hospital and later on she was referred to another private hospital for better treatment. However, she died on 10.05.2011. On the basis of the ejahar, Dispur PS Case No.1229/2011 under Section 279 / 338 / 304(A) IPC was registered. The appellant/claimant, who is the mother of the deceased, claimed for a compensation of Rs.31.00 Lakh on account of the death of her daughter.;


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