MRS. MINA MEDHI AND OTHERS Vs. CHOLA MANDALAM AND OTHERS
HIGH COURT OF GAUHATI
Mrs. Mina Medhi And Others
Chola Mandalam And Others
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MIR ALFAZ ALI,J. -
(1.) Heard Mr. A Mannaf, learned counsel for the appellant and Mr. R Goswami, learned counsel for the respondent/Insurance Company.
(2.) This statutory appeal under Section 173 MV Act has been filed by the claimants/appellants challenging the judgment and award dated 19.02.2016 passed in MAC Case No. 688/2014 by MACT No. 3, Kamrup, Guwahati.
(3.) One Sushil Medhi died in a motor vehicle accident on 06.02.2014 involving vehicle bearing registration No. AS-01 EC-1626 owned by respondent No .2 and insured with the respondent No. 1. The claimants being the wife and children of the deceased Sushil Medhi, filed a claim petition before the MACT No. 3, Kamrup. The owner of the vehicle did not contest the claim, however, the insurer contested the claim by filing written statement. Learned tribunal assessed the compensation at Rs. 12,85,000/- on various heads. However, deducted 50% of the said compensation assessed by the tribunal, attributing contributory negligence to the deceased and directed the respondent No. 1, Insurance Company to pay only Rs. 6,42,500/- being 50% of the amount of compensation assessed by the tribunal.;
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