ISMILE ALI S/O LATE ABDUL SATTAR Vs. MANAGING DIRECTOR AND ANR
LAWS(GAU)-2018-7-3
HIGH COURT OF GAUHATI
Decided on July 09,2018

Ismile Ali S/O Late Abdul Sattar Appellant
VERSUS
Managing Director And Anr Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.) The present appeal has been directed against the judgment and order of the learned Member MACT, Kamrup, Guwahati in MAC Case No. 331/2001, dated 07.07.2011.
(2.) The aforesaid claim case arose out of the petition filed by the petitioner as claimant praying for compensation for the death of his father, Abdul Saktar in a motor vehicle accident on 03.01.1997 involving the vehicle AS 20/0458 owned by the Assam State Transport Corporation. Recapitulating the facts, it can be stated that on the faithful day while Abdul Saktar was proceeding home from Thellamara Centre, at that time the aforesaid vehicle hit him from backside resulting serious injury on his person and while providing treatment he expired in the hospital on 05.01.1997. The petitioner being the son of the deceased person prayed for compensation. The deceased was 55 years at the time of his death and was a businessman having grocery shop with an income of Rs. 3,000 per month.
(3.) The respondent/ASTC resisted the claim by filing written statement raising usual pleas denying the allegation, submitting inter-alia that claimant also contributed to the said accident and his amount claim is excessive. However, the driver of the vehicle did not contest the case.;


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