JYOTI BRAHMA W/O LATE LAKHINDAR BRAHMA Vs. STATE OF ASSAM AND 2 ORS
HIGH COURT OF GAUHATI
Jyoti Brahma W/O Late Lakhindar Brahma
State Of Assam And 2 Ors
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Rumi Kumari Phukan, J. -
(1.) Heard learned counsel for the appellant and the learned counsel for the State Respondent nos.1 and 2.
(2.) The present appeal was preferred against the Award dated 15.12.2004 passed in MAC Case No. 735/2000 by the learned Motor Accident Claims Tribunal, Kamrup. Briefly stated the case of the claimant is that on 22.12.1999 at about 12 PM one Lakhindar Brahma was proceeding in a vehicle No. AS-30-1266 from Guwahati towards Haflong and at that time the said vehicle dashed against another truck coming from the opposite direction and as a result said Lakhindar sustained grievance injury on his person and subsequently he died in the hospital. The mother of the said deceased Lakhindar filed a claim petition before the learned Tribunal praying for compensation on account of death of her son stating that wife of the deceased had left the house after the incident.
(3.) The learned Tribunal issued notice to the owner, driver and insurer of the aforesaid vehicle and they contested the case by filing W.S., contending interalia that the offending vehicle was a LPG truck which fled away in the darkness of the night. It is submitted that the accident took place due to the said unknown truck which fled away but not for the fault of the driver of 407 Truck No. AS-30-1266 and as such the answering opposite-parties are not responsible for the said incident. By examining the case, the learned Tribunal framed the necessary issues and after examining the claimant and her witnesses came to the findings that the son of the claimant died in the said accident for the fault of both the vehicles and one of which is police vehicle and other vehicle could not be identified. It was also found that due to the involvement of both the vehicles the liability of the police vehicle will be to the extent of 50%. Accordingly, on the calculation being made on the monthly income of the deceased at Rs. 4,000/- per month and taking the multiplier as 13 after deducting the 1/3rd income the learned Tribunal awarded a sum of Rs. 4,36,000/- to the claimant, directing the insurance company of the truck to pay the 50% of the said amount i.e. Rs. 2,18,000/-. The learned Tribunal also observed that as the wife of the deceased (the present appellant) live separately so she should not be deprived of her legitimate rights from getting compensation and accordingly awarded Rs. 1,00,000/- to the parents of the deceased and balance amount was directed to be given to the wife of the deceased i.e. the present appellant.;
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