UNITED INDIA INSURANCE CO. LTD. Vs. NUR MOHAMMAD
LAWS(GAU)-2018-10-130
HIGH COURT OF GAUHATI
Decided on October 23,2018

UNITED INDIA INSURANCE CO. LTD. Appellant
VERSUS
NUR MOHAMMAD Respondents

JUDGEMENT

- (1.) Heard Mr. R. Goswami learned counsel appearing for the appellant as well as Mr. S. Das learned counsel appearing for the respondent Nos. 1 and 2. None appears on call for the respondent No.3.
(2.) By filing this appeal under section 173 of the Motor Vehicles Act, 1988, the appellants have challenged the judgment and award dated 21.09.2010, passed by the learned Motor Accident Claims Tribunal, Kamrup, Guwahati in MAC Case No.12202007.
(3.) The parents i.e. the father and mother of Late Sirajuddin, who are the respondents No. 1 and 2 herein are the claimants in MAC Case No.12202007. The case of the claimant was that on 17.12.2006 at about 320 p.m., while the deceased Sirajuddin was riding a motorcycle bearing registration No. AS-01Z-0488 from his home towards Morigaon, while trying to give side to another vehicle, he lost control over his motorcycle and fell down on the road. As a result of the accident, he sustained grievous injuries including head injury. He was brought to a Nursing Home at Guwahati, but he died on 19.12.2006 owing to his injuries. The post-mortem of the dead body was done at Guwahati Medical College and Hospital. The Jagiroad Police Station registered a case bearing Jagiroad P.S. UD Case No.372006. The claim application filed under section 163-A of the Motor Vehicles Act, 1988 was taken up by the Motor Accident Claims Tribunal, Kamrup, Guwahati and the said learned Tribunal by judgment and award dated 21.09.2010, inter-alia awarded the compensation of Rs.2,49,000- (Rs. Two lakh forty nine thousand only) with 6% interest from the date of filing of the claim petition i.e. on 31.05.2007 till payment.;


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