BUNU SHYAM Vs. UNITED INDIA INSURANCE CO. LTD.
LAWS(GAU)-2018-4-81
HIGH COURT OF GAUHATI
Decided on April 09,2018

Bunu Shyam Appellant
VERSUS
UNITED INDIA INSURANCE CO. LTD. Respondents

JUDGEMENT

KALYAN RAI SURANA,J. - (1.) Heard Mr. S. Bora, learned counsel appearing for the appellants as well as Mr. R. Goswami, learned counsel appearing for the respondent No.1.
(2.) This appeal by the claimant under section 173 of the Motor Vehicles Act is directed against the judgment and award dated 03.05.2013 passed by the learned Member, MACT, Guwahati in MAC Case No.1881/10. This appeal is for enhancement of the award.
(3.) The brief facts as stated in the claim petition is that on 11.03.2010 predecessor of the appellants, namely Late Binod Shyam was travelling from Sibsagar to Jorhat on 11.03.2010 in the Indigo car owned by his wife i.e. the appellant No.1 herein. He was accompanied by the appellants No.1, 2 and 3. When the car arrived near Charing Kakuri, all of a sudden the truck bearing registration No.AS-01/C-8029 coming from the opposite direction collided with the vehicle of the deceased. As a result of the accident, he had sustained grievous injuries and succumbed to his injuries on the same day. The driver of the offending truck did not contest the case. The respondents No.1 and 2 had filed their written statement and denied their liability. The following issues were framed for trial:- 1. Whether victim, Late Binod Shyam, died as a result of the injuries sustained by him in the alleged road accident dated 11.03.10 at Charing Kakuri under Gaurisagar Police Station, involving vehicle No.AS-01/C-8029 and AS-03/G-6206 and whether the accident took place due to rash and negligent driving of the offending vehicles? 2. Whether the claimant is entitled to receive any compensation and if yes, to what extent and by whom amongst the opposite parties, the said compensation amount will be payable?;


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