NATIONAL INSURANCE CO. LTD. Vs. SMTI BIJU DAS AND 4 ORS.
LAWS(GAU)-2018-3-110
HIGH COURT OF GAUHATI
Decided on March 16,2018

NATIONAL INSURANCE CO. LTD. Appellant
VERSUS
Smti Biju Das And 4 Ors. Respondents

JUDGEMENT

KALYAN RAI SURANA,J. - (1.) Heard Mr. R. Sarma, the learned counsel for the appellant as well as Mr. K. Bhattacharjee, the learned counsel appearing for the respondents No. 1 to 4/claimants. None appears on call for the respondent No. 5 although as per order dated 18.03.2013, notice has been duly served on her on 13.12.2012, as such, the appeal has proceeded ex-parte against the respondent No.5.
(2.) This appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "MV Act") is preferred against the judgment and award dated 20.02.2010, passed by the learned Additional District Judge (Fast Track Court) No. 3, Kamrup (M), Guwahati in MAC Case No. 884/2008, by which compensation of Rs. 6,32,000/- was awarded in favour of the present respondents No. 1 to 4.
(3.) In brief, the case of the respondents No. 1 to 4, in the claim petition is that they are respectively the wife, children and the father of the deceased Jatin Das, who was the paid driver of the a Maruti Van bearing registration No. AS-01-Y-3601, owned by the respondent No. 5. While driving the said vehicle on 03.02.2008 from Sualkuchi towards Niz Bangshor at about 9.00 am, while trying to save a cow, the said vehicle dashed against the wall of a road side shop. As a result of the accident, he suffered grievous injury. He was shifted to MG 30 beded Hospital, Sualkuchi, but on the following date he succumbed to his injuries. Sualkuchi P.S. GDE No. 46 dated 03.02.2008 was registered and subsequently, UD Case No. 4/08 was registered. The respondents No. 1 to 4 by stating that the deceased was earning Rs. 3,200/- per month, a claim for Rs. 6,00,000/- was made. The appellant contested the case by filing written statement. By taking usual pleas, they denied their liability and the respondents No. 1 to 4 were put to strict proof of their claim.;


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