PROMILA HAZARIKA Vs. UNITED INSURANCE COMPANY LTD AND ANR
LAWS(GAU)-2018-11-61
HIGH COURT OF GAUHATI
Decided on November 08,2018

Promila Hazarika Appellant
VERSUS
United Insurance Company Ltd And Anr Respondents

JUDGEMENT

Ajit Borthakur, J. - (1.) Heard Mr. IA Talukdar, learned counsel for the claimant/ appellant and Ms. M Choudhury, learned counsel appearing for the respondent No.1/ United India Insurance Co. Ltd. None appears for the respondent No.2.
(2.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'M.V. Act') is directed against the Judgment and Award, dated 28.04.2016, passed by the learned Member, MACT, Golaghat in MAC Case No.30 of 2014 praying for enhancement of the quantum of the awarded amount.
(3.) The claimant/ appellant's case, precisely, is that she filed MAC Case No.30 of 2014, under Section 166 of the M.V. Act in the MACT Golaghat, Assam, claiming compensation of Rs.8 Lakhs on account of death of her husband, namely, Indreswar Hazarika in a motor vehicle accident that took place on 24.12.2011 at about 5 pm at Da-Dhara Chariali, under Dergaon Police Station. At that time, the deceased was returning home from Koroiani Chapari, Rangamati by riding a bicycle along the N.H. No.37. On his way, a cement laden truck bearing registration No. AS-01 L 9321, which was on from Kamargaon side towards Jorhat in a rash and negligent manner knocked down him from behind resulting in crushing his right leg and also caused other injuries on his person. After the incident, the injured was taken to the nearby Dergaon CHC and therefrom, on being referred, to Jorhat Medical college, where he underwent treatment for 9(nine) days, from 24.12.2011 to 02.01.2012. On 28.12.2011, a traumatic amputation was done through the right leg knee.;


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