NATIONAL INSURANCE CO LTD Vs. BIJAYA MODI AND 3 ORS
LAWS(GAU)-2018-12-23
HIGH COURT OF GAUHATI
Decided on December 06,2018

NATIONAL INSURANCE CO LTD Appellant
VERSUS
Bijaya Modi And 3 Ors Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. R. K. Bhatra, learned counsel for the appellant. I have also heard Mr. S. K. Talukdar, learned counsel representing the respondent Nos.1 to 4.
(2.) In this appeal the judgment and order dated 07.05.2014 passed by the learned Additional District Judge No.IV (FTC), Kamrup, Guwahati in MAC Case No.2414/2006 has been put under challenge.
(3.) The facts of the case, briefly stated, are that the husband of the respondent No.1/claimant, viz., Dulal Modi was knocked down by the offending vehicle bearing No.AS-23C-2538 on 08.08.2004 at about 9.00 P.M. while the deceased was waiting on the road side of Nahorkotia Daily Bazar near the Hanuman Mandir. It is the case of the claimants that the accident had occurred due to rash and negligent driving of the offending vehicle resulting into the death of the sole bread earner in the family and hence, the claimants were entitled to receive compensation. The appellant being the Insurer of the vehicle, was impleaded as the respondent No.3 in the claim petition.;


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