ORIENTAL INSURANCE CO. LTD. Vs. MUSTT. RENUJA BEGUM MAZUMDER@ RENUJA BEGUM LASKAR AND ORS.
HIGH COURT OF GAUHATI
ORIENTAL INSURANCE CO. LTD.
Mustt. Renuja Begum Mazumder@ Renuja Begum Laskar And Ors.
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. S. Dutta, learned counsel appearing for the appellant as well as Mr. P. K. Deka, learned counsel for the respondent Nos.1 to 7. None appears on call for the respondent No.8 i.e. the owner of the offending vehicle.
(2.) By filing an appeal under section 173 of the Motor Vehicles Act, 1988, the appellant has challenged the judgment and order dated 31.05.2011 passed by the learned Member, MACT, Hailakandi in MAC 56/2009.
(3.) The case of the respondent No.1 to 7 in the claim petition was that Late Abdul Sattar Laskar, the husband of respondent No.1, was serving as the Headmaster of Sisu Kalyan L.P. School, Hailakandi. On 10.08.2009, at about 7:30 am, while he was walking by the side of National Highway, he was knocked down from behind by the offending vehicle (Cruiser) bearing registration No.AS-24/6229. As a result of the accident, the deceased had sustained grievous injuries and died on spot. In respect of the said accident, a case being Algapur P.S. Case No.160 dated 12.08.2009 under section 279/304A IPC was registered, which was later on converted to GR Case No.785/09. Post mortem was conducted on the dead body at Civil Hospital, Hailakandi. In the claim petition it was projected that the deceased had an income of Rs. 19,000/- from his salary and a claim for compensation amounting to Rs. 24,30,000/- was filed.;
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