ORIENTAL INSURANCE CO LTD Vs. NANI GOPAL KALITA AND 2 ORS
HIGH COURT OF GAUHATI
ORIENTAL INSURANCE CO LTD
Nani Gopal Kalita And 2 Ors
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Rumi Kumari Phukan, J. -
(1.) Heard Mr. S. Dutta, the learned senior counsel appearing for the appellant Oriental Insurance Co. Ltd. (hereinafter referred as 'the Insurance Company'). Also heard Mr. N. Ahmed, the learned counsel appearing for the respondent Nos.1 & 2.
(2.) Brief case of the claimants who preferred the claim petition is that on 8.5.2009, at about 3:30 P.M., while Ms. Mamoni Kalita along with her mother Putuli Kalita and brother Gautam were waiting for bus at Maroi on the National Highway 52, then suddenly the offending vehicle No.AS-25-A-4444 (Oil Tanker), coming in a high speed lost its control and knocked them. As a result, mother Putuli Kalita and brother Gautam Kalita sustained grievous injuries on their person and on the way to the hospital, both of her mother and brother died. It is alleged that the accident occurred due to rush and negligent driving of the aforesaid vehicle.
(3.) The surviving legal heirs i.e. Mamoni Kalita along with her brother Nani Gopal Kalita preferred a cliam petition before the Tribunal, claiming Rs.30 lakh as compensation, by stating that their mother used to earn Rs.5,000/- per month by doing some handy works as a waiver and by maintaining some animal husbandry.;
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